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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
A.V.S. Balasubramanian – Appellant
Versus
Kolanji @ C. Chandramohan – Respondent
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 counsel on record for the petitioner would contend that the suit is an abuse of process of law and a clear attempt in re-litigation. He would invite my attention to the earlier civil proceedings which commenced in the year 2008 and came to attain finality before this Court on 20.12.2023 in S.A.No.274 of 2021. The learned Senior Counsel would further submit that the 2nd respondent was party to the earlier proceedings upto this Court and in order to hoodwink the Court and get over adverse concurrent verdicts, the 2nd respondent
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.
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