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2023 Supreme(Mad) 962

K. MURALI SHANKAR
K. Palaniappan – Appellant
Versus
Dhanalakshmi – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Arumugam.
For the Respondents: Mr. P. Athimoola Pandian.

JUDGMENT :

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree dated 15.04.2014, made in O.S.No.16 of 2013, on the file of the Additional District Judge, Virudhunagar.)

1. The Appeal Suit is directed against the orders passed in I.A.No.73 of 2013 in O.S.No.16 of 2013 and the consequent judgment and decree passed in O.S.No.16 of 2013, dated 15.04.2014, on the file of the Additional District Court, Virudhunagar, rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure.

2. The appellant/plaintiff has filed the suit in O.S.No.16 of 2013 against the respondents/defendants claiming the relief of specific performance of the agreement dated 30.12.2009. The defendants have filed their written statement. Pending suit, the defendants have filed an application under Order 7 Rule 11 C.P.C., for rejection of the plaint in I.A.No.73 of 2013. The plaintiff has filed the counter affidavit denying the averments raised in the affidavit filed in support of the petition in I.A.No.73 of 2013 and raising objections. The learned Additional District Judge, after enquiry, has passed the impugned order dated 15.04.2014, allowing the petit

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