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2023 Supreme(Mad) 412

S. M. SUBRAMANIAM
S. Kumar – Appellant
Versus
V. Ravikumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Venkatesh
For the Respondent: Mr.S.Gopi Nathan

JUDGMENT :

Prayer: Appeal Suit is filed under Section 96 Order XLI Rule 1 of Civil Procedure Code, to set aside the Fair and Decreetal order as made in I.A.No.4 of 2020 in O.S.No.610 of 2019 dated 05.03.2022 on the file of the V Additional District Court, Coimbatore.

The Appeal Suit has been instituted under Section 96 of the Code of Civil Procedure against the Fair and Decreetal order passed in I.A.No.4 of 2020 in O.S.No.610 of 2019 dated 05.03.2022.

2. The appellate is the plaintiff, who instituted a Suit for Declaration and Permanent Injunction. During the pendency of the Suit, the respondent / defendant filed an Interlocutory Application in I.A.No.4 of 2020 to reject the plaint under Order VII Rule 11 of the Civil Procedure Code. The Trial Court adjudicated the issues raised between the parties and allowed the Interlocutory Application by rejecting the plaint.

3. The learned counsel appearing on behalf of the appellant mainly contended that the plaint averments are categorical and in the cause of action column, the plaintiff has narrated that the Power of Attorney was cancelled by the revision petitioner / plaintiff on 22.09.2015 by way of a registered document. The said document w

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