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2022 Supreme(Mad) 3092

R. N. MANJULA
V. Jacob Nixon – Appellant
Versus
Vijayakumari – Respondent


Advocates appeared:
For the Petitioner:D. Murthy, Advocate. For the Respondent:S. Mayilnathan, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair decreetal order passed in I.A.No.215 of 2019 in O.S.No.114 of 2018 dated 21.04.2022 by the District Judge – II, Kanchipuram.)

1. This Civil Revision Petition has been preferred challenging the order of the learned District and Sessions Judge, Kanchipuram dated 21.04.2022, made in I.A.No.215 of 2019 in O.S.No.114 of 2018.

2. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the materials available on record.

3. The revision petitioner is the defendant in the suit filed by the respondent / plaintiff for the relief of recovery of possession. The petitioner / defendant has filed a petition to reject the plaint under Order VII Rule 11 of C.P.C and the said petition was dismissed. Aggrieved over that, this Civil Revision Petition has been preferred.

4. The learned counsel for the petitioner submitted that the respondent / plaintiff has no locus standi to file a suit against him, since the revision petitioner has already filed a suit in O.S.No.170 of 2005, for the relief of specific performance in respect of the same s

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