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R. MAHADEVAN, MOHAMMED SHAFFIQ
Dynamic Associates Rep. by its Partner Sunil P. Piraliya – Appellant
Versus
Singaracharlu – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 9 of the Original Side Rules against the Order dated 04.07.2018 passed in Application No. 365 of 2010 in Tr.C.S. No. 282 of 2011 on the file of this Court.)
R. Mahadevan, J.
1. This intra-court appeal is filed by the appellant / 4th defendant, aggrieved by the order dated 04.07.2018 passed by the learned Judge, dismissing the Application No. 365 of 2010 in Tr. C.S. No. 282 of 2011 filed to revoke the leave granted to institute the suit on 04.03.2008 in Application No. 1134 of 2008 filed by the plaintiff.
2. (i) The first respondent herein, as plaintiff, has instituted the suit in C.S. No. 272 of 2008 with the following averments:
(ii) The plaintiff is the owner of the plaint schedule property which devolved on him by means of a settlement deed dated 15.07.1953 registered as document No. 1628 of 1953 executed by his father Late. P. Anandhapadmanabhacharlu. The first defendant/second respondent herein is the sister of the plaintiff. According to the plaintiff, his sister / first defendant and Ms. Vyjayanthi, another sister, were also the owners of the properties, which lies adj
The discretion of the Court in granting leave to file a separate suit on the same cause of action under Order II Rule 2 of CPC is upheld, and the failure to serve notice on the caveator does not rend....
An application for rejection of a plaint under Order 7 Rule 11 CPC must be decided solely based on the averments in the plaint. The court cannot consider the defendant's evidence or written statement....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
The main legal point established is that the cancellation of a Power of Attorney requires reasonable notice for revocation, and the termination of authority does not take effect until it becomes know....
The bar under Order II Rule 2 CPC does not apply when a second suit is based on a distinct cause of action arising from subsequent events, such as the lifting of a government ban on property registra....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
Subsequent suit barred under Order II Rule 2(3) CPC if on same cause of action as withdrawn prior suit, omitting reliefs without leave; plaint rejectable under Order VII Rule 11 if averments disclose....
The main legal point established in the judgment is that the right to sue depends on the actual cause of action, and an illusory cause of action created by clever drafting in the plaint can lead to t....
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