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2023 Supreme(Mad) 404

S. M. SUBRAMANIAM
Balaji – Appellant
Versus
Arumugam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Y. Kaja Navas.
For the Respondent: T.P. Prabakaran.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: This Appeal Suit is filed under Order XLI, Rule 1 of CPC under Section 96 of the Code of Civil Procedure against the order and decree passed by the learned II Additional District Judge, Vellore @ Ranipet in I.A. No. 4 of 2020 in O.S. No. 95 of 2019 dated 24.03.2022.

1. The present Appeal Suit has been filed against the order and decree passed by the learned II Additional District Judge, Vellore @ Ranipet in I.A. No. 4 of 2020 in O.S. No. 95 of 2019 dated 24.03.2022.

2. The appellants are plaintiffs and the respondents are defendants in the suit. The suit was instituted for declaration and permanent injunction and for recovery of possession.

3. It is not in dispute that the defendants in the suit filed written statement and thereafter an Interlocutory Application was filed in I.A. No. 4 of 2020 for rejection of plaint under Order VII, Rule 11 of the Code of Civil Procedure.

4. The Trial Court adjudicated the issues and allowed the application and the plaint was rejected. Thus, the appellants have chosen to prefer the present appeal Suit.

5. The learned counsel for the appellants-plaintiffs mainly contended that the appellants herein earlier filed sui

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