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T. V. THAMILSELVI
Bhuvaneswari – Appellant
Versus
Dharanidaran – Respondent
JUDGMENT
(Prayer: This Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the plaint in O.S No. 4958 of 2019, pending on the file of the Hon''ble VI Additional City Civil Court, Chennai.)
1. This petition has been filed to strike off the plaint in O.S No. 4958 of 2019, pending on the file of the Hon''ble VI Additional City Civil Court, Chennai.
2. The petitioners herein are the defendants in suit O.S. No. 4958 of 2019 on the file of the VI Additional City Civil Court, Chennai, filed by the first respondents herein/plaintiff for the relief of permanent injunction in respect of suit property as described in the plaint schedule, claiming that they are in lawful possession of the property in which the defendants/revision petitioners herein have no right but they caused interference. After receipt of notice the petitioners/defendant filed this petition to strike off the plaint in O.S No. 4958 of 2019 stating that the respondents herein had already filed a suit in O.S No. 2542 of 2018 in the same court for the relief of permanent injunction but without obtaining leave of this Court the respondents herein filed a suit in O.S No. 4958 of 2019 for the sa
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....
The court can strike off a plaint as an abuse of process when it constitutes re-litigation of previously settled matters, thereby preventing unnecessary litigation.
Re-litigating the same issue which has already been tried and decided earlier against a party amounts to an abuse of the process of Court.
The court emphasized that claims of vexatious suits should be resolved in trial, not through premature revisions, affirming procedural adherence in civil litigation.
The court can strike off a suit under Article 227 of the Constitution of India when it is a clear abuse of process and the facts are not controverted and admitted by the plaintiff.
Court permitted withdrawal of revision petition, dismissing it without costs.
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