Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
A.V.S. Balasubramanian – Appellant
Versus
Kolanji @ C. Chandramohan – Respondent
Key Points: - The court struck off the plaint in O.S.No.202 of 2024 as an abuse of process and re-litigation, under Article 227 (referenced as the supervisory power to prevent abuse) (!) . - Prior judgments (O.S.205 of 2001, A.S.No.22 of 2011, and S.A.No.274 of 2021) established the revision petitioner’s possession; the present suit was deemed a vexatious re-litigation by the 2nd respondent’s collusive setup (!) (!) (!) . - The plaint was found to be a clear attempt to relitigate and abuse judicial process, lacking a valid cause of action against the 2nd respondent; the 1st respondent cannot claim independent rights beyond the 2nd respondent’s status (!) (!) (!) . - The court cited and applied precedents (N. Babu, Surya Devi Rai, KK Modi, Ranipet Municipality, N.A. Chinnasamy) to justify using Article 227 to strike down a vexatious, collusive re-litigation (!) (!) (!) (!) (!) . - The order explicitly states there shall be no order as to costs and that connected CMP is closed; the revision petition is allowed and the plaint is struck off (!) .
| Table of Content |
|---|
| 1. introduction of the petition and service status. (Para 1 , 2) |
| 2. claim of abuse of process and relitigation. (Para 3 , 4 , 5) |
| 3. background of the main suit and property histories. (Para 7 , 8 , 9 , 11) |
| 4. observations on the lack of a valid cause of action. (Para 10 , 12 , 18) |
| 5. court's authority to strike off plaint for relitigation. (Para 19 , 20 , 21 , 22 , 23) |
| 6. assessment of the abuse of the court by relitigation. (Para 24 , 25 , 26) |
| 7. conclusion and order to strike off plaint. (Para 27 , 28 , 29 , 30) |
ORDER :
P.B. Balaji, J.
This Civil Revision Petition has been filed under Article 227 of Constitution of India seeking to strike off the plaint in O.S.No.202 of 2024 on the file of the Sub-Court, Sirkali, and also for imposing exemplary costs on the respondents.
2. I have heard Mr.T.P.Manoharan, learned Senior Counsel for Mr.T.M.Naveen, learned counsel for the revision petitioner. The respondents, despite service of notices in the revision petition, have not chosen to appear either in person or through any counsel. I have gone through the records produced before me by way of typed set of papers.
3. Mr.T.P.Manoharan, learned Senior Counsel appearing for the learned co
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.
A party cannot re-litigate issues that have been previously adjudicated, as this constitutes an abuse of the court's process, particularly when the previous suit was dismissed and the current suit se....
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 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 emphasized that claims of vexatious suits should be resolved in trial, not through premature revisions, affirming procedural adherence in civil litigation.
The court established that a civil suit can be struck off if it constitutes an abuse of process of law, particularly when it mirrors previously adjudicated matters and lacks a valid cause of action.
The High Court affirmed that suits filed under different causes of action are not barred by procedural rules, highlighting the need for trial when a triable issue exists.
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 may strike off vexatious plaint re-litigating settled title under Article 227 to prevent abuse of process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
