P. VADAMALAI
Lalitha Paul Ponnaiah – Appellant
Versus
Philip Navarathinam – Respondent
JUDGMENT
(Prayer :Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.255 of 2017 as well as all proceedings in the said suit on the file of the District Munsif Court, Madurai Town.)
1. This Civil Revision Petition is filed to strike off the plaint in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town.
2. The brief facts of the case: The revision petitioners are the defendants in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town. The respondent/plaintiff has filed the main suit in O.S.No.255 of 2017 for injunction restraining the petitioners/defendants from preventing the construction of compound wall by the respondent/plaintiff on the western side of the suit ''''B'''' schedule property. On service of suit notice along with the copy of plaint, the revision petitioners have filed this present Civil Revision Petition under Article 227 of the Constitution of India to strike off the plaint in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town.
3. Heard both sides and perused the records in this Civil Revision Petition.
4. The learned counsel appearing for the r
The main legal point established is that the invocation of Article 227 of the Constitution of India to strike off a plaint requires extraordinary circumstances and is not maintainable when an alterna....
A civil revision petition may be dismissed as not pressed when the petitioner's counsel makes a specific endorsement to that effect on the court record.
The plaintiff's entitlement to file a comprehensive suit for the same cause of action is subject to obtaining leave of the Court, and failure to do so may result in the striking off of the earlier su....
The court emphasized that claims of vexatious suits should be resolved in trial, not through premature revisions, affirming procedural adherence in civil litigation.
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