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2023 Supreme(Mad) 3128

R. MAHADEVAN, MOHAMMED SHAFFIQ
P. S. Usha – Appellant
Versus
P. S. Subramanian – Respondent


For the Appellant :R. Subramanian, Advocate. For the Respondents:M. Ravi, J. Ramesh, Advocates.

JUDGMENT

(Common Prayer: Original Side Appeals filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent against decree and judgment dated 01.11.2022 in C.S.No.207 of 2021 and Application No.2469 of 2022 in CS.No.207 of 2021.)

Common Judgment:

Mohammed Shaffiq, J.

1. Two appeals are filed challenging the common order dated 01.11.2022 passed by the learned Judge in C.S.No.207 of 2021 and A.No.2469 of 2022. While O.S.A.No.310 of 2022 is filed against the decree and judgment in C.S.No.207 of 2021, O.S.A.No.311 of 2022 is challenging the fair and decreetal order in Application No.2469 of 2022 in C.S.No.207 of 2021. By the above order, the learned Judge rejected the suit in C.S.No.207 of 2021 thereby allowing the application under Order VII Rule 11(a) and (d) of the Civil Procedure Code (hereinafter referred to as “CPC”) to reject the plaint on the premise that the litigation is vexatious and barred by limitation. The above order rejecting the plaint and the suit, which is the subject matter of challenge in these appeals.

2. Before we proceed to exam









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