SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Mad) 6

S. M. SUBRAMANIAM
V. Poornima – Appellant
Versus
D. Kannadasan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Rajesh Vivekananthan
For the Respondent: Mr.S.Vijayanand

ORDER :

The present Civil Revision Petition has been filed against the fair and decretal order dated 14.09.2022 passed in IA No.4 of 2021 in OS No.76 of 2018 on the file of the Additional Subordinate Court, Ponneri.

2. The revision petitioners are the defendants in the suit filed by the respondent for permanent injunction. The revision petitioners filed an Interlocutory Application under Order VII, Rule 11 CPC for rejection of plaint in OS No.76 of 2018.

3. The ground mainly raised by the revision petitioners is that the cause of action has not been properly set out and thus the plaint is to be rejected. For rejection of the plaint under Order VII, Rule 11 CPC, the plaint as a whole, must be considered by the Court. The cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole.

4. In the present case, the description of the property and other details for the purpose of seeking the relief of injunction has been set out in the plaint elaborately.

5. The Trial Court considered the plaint as a whole and formed an opinion that the ground raised for rejection of plaint deserves no merit consideration. Such triable issues

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top