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S. SOUNTHAR
B. C. Wilson Vajjiram – Appellant
Versus
National Missionary Society of India, Represented by its General Secretary, Mr. D. Suresh Rajan, S/o. David Christian – Respondent
ORDER :
(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decree dated 03.12.2021 in I.A.No.01 of 2021 in O.S.No.30 of 2016 on the file of the Additional District Munsiff, Tirupattur, Tirupattur District.)
1. The present Revision Petition has been filed against the dismissal order of the petition filed by the Revision Petitioner under Order VII Rule 11 of C.P.C, seeking rejection of the plaint.
2. The respondent herein filed a suit for declaration that the Will dated 03.01.2014 executed in favour of the petitioner herein by one George A.Raja is null and void and for consequential injunction restraining the petitioner herein from interfering with the peaceful possession and administration of the suit property.
3. The petitioner herein earlier filed a petition in I.A.No.582 of 2018, for rejection of the plaint, wherein he sought for rejection of plaint on the ground that the respondent/plaintiff society had already become defunct and hence it cannot maintain the suit. The said application was dismissed. Challenging the same, revision was filed before this Court in C.R.P.No.65 of 2020 and the same was dismissed on the ground t
The court established that while leave to file a suit under Section 92 C.P.C. can be granted, it does not prevent defendants from contesting the maintainability of the suit based on the applicability....
The court affirmed that a lack of jurisdiction by the District Munsif does not invalidate sales made by trustees of a public charitable trust, particularly when the petitioner approaches the court wi....
A plaintiff must include all claims arising from the same cause of action in one suit; splitting claims without court permission is impermissible.
Partial rejection of a plaint is impermissible; if any relief survives, the action cannot be dismissed in parts, emphasizing the need for whole plaint consideration.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
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