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J. SATHYA NARAYANA PRASAD
Pothys Rep. by Partner S. Murugesh – Appellant
Versus
S. A. Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to order dismissing plaint. (Para 1 , 2 , 3) |
| 2. limitation bars suit filed after 2010. (Para 4 , 5 , 6) |
| 3. claims for recovery based on sale agreement. (Para 7 , 8 , 9) |
| 4. fraud and collusion in property sale. (Para 11 , 12 , 13) |
| 5. statutory charge under transfer of property act. (Para 14 , 15 , 16) |
| 6. court's refusal to dismiss plaint. (Para 17 , 18 , 19 , 20 , 21) |
| 7. sc ruling on civil court jurisdiction. (Para 22 , 23) |
| 8. defendant's liability for amount paid. (Para 24 , 25 , 26) |
| 9. arguments against maintainability of suit. (Para 27 , 28 , 29) |
| 10. conclusion on the appropriateness of the lawsuit. (Para 30 , 31 , 32) |
ORDER :
The civil revision petition is filed challenging the order passed in I.A.No.505 of 2018 in O.S.No.290 of 2017 dated 07.11.2019 by the IV Additional District & Sessions Judge, Coimbatore whereby dismissed the petition filed under Order 7 Rule 11 of CIVIL PROCEDURE CODE seeking to reject the plaint filed by the plaintiff.
2. The revision petitioner is the 6th defendant and the auction purchaser of the property. The suit O.S.No.290 of 2017 was filed by the 1st respondent/plaintiff, thereafter I.A.No.505 of 2018 in O.S.No.290 of 2017 was file
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