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S. M. SUBRAMANIAM
Asha Vijayaraghavan – Appellant
Versus
E. Krishnaveni Ammal – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.121 of 2020 on the file of the Principal District and Sessions Court, Thiruvallur.]
1. The Civil Revision Petition is filed under Article 227 of the Constitution of India to strike off the plaint instituted in O.S.No.121 of 2020.
2. The revision petitioner is the 6th defendant and the respondents 1 and 2 are the plaintiffs, who instituted a Suit for Partition in O.S.No.121 of 2020.
3. The learned counsel for the revision petitioners states that the Suit Scheduled Property is a self-acquired property of the revision petitioners and the Partition Deed was registered on 28.04.1989 and therefore, the Suit filed after three (3) decades by the respondents 1 and 2 is not maintainable and thus, the plaint is to be striked off.
4. The learned counsel for the respondents objected the said contention by stating that the subject properties were purchased by the revision petitioner from the legal heirs of the one Kanniyappan and in this regard, the plaintiffs have set out the facts and circumstances in the plaint. Thus, the issues are to be adjudicated on merits and
Sparing exercise of power under Article 227 and the need to exhaust alternate remedies before seeking relief under Article 227.
The court can strike off a suit under Article 227 of the Constitution of India when it is a clear abuse of process and the facts are not controverted and admitted by the plaintiff.
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