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.

ORDER :

R.SAKTHIVEL, J.

1.This Civil Revision Petition is filed under Article 227 of the Constitution of India, 1950, praying to strike off the plaint in O.S. No.25 of 2023 on the file of 'the District Munsif cum Judicial Magistrate Court, Cheyyur' [hereinafter referred to as 'Trial Court'] by the Defendants therein.

2. The Revision Petitioners herein are the Defendants and the Respondent herein is the Plaintiff in the Suit in O.S. No.25 of 2023. For the sake of convenience, the parties will be referred to as per their array in the Original Suit.

3. The Plaintiff filed the Suit seeking a permanent injunction against the Defendants. The case of the Plaintiff is that he purchased the Suit Property from Subbarayapillai, Ellappillai and Kuppammal vide registered Sale Deed dated May 15, 2002. The vendors of the Plaintiff were entitled to the Suit Property as their ancestral entitlement. Ever since the purchase, the Plaintiff is in peaceful possession and enjoyment of the Suit Property. The Plaintiff put up construction and resided in the Suit Property and also paid House tax and electricity consumption charges. According to the Plaintiff, the Defendants are strangers to the Suit Property and they made an attempt to interfere with his peaceful possession and enjoyment of the Suit Property on May 19, 2023. Hence, the Plaintiff filed the Suit seeking a permanent injunction restraining the Defendants, his men, agents, servants, legal representatives and heirs from in any way interfering the Plaintiff's peaceful possession in the schedule mentioned property.

4. Mr.R.Suriya Prakash, learned Counsel appearing for the Revision Petitioners / Defendants would submit that the present Suit in O.S. No.25 of 2023 is barred under Order II Rule 2 of 'the Code of Civil Procedure, 1908' ['CPC']. He would further submit that another Suit in O.S. No.35 of 2022 is pending before the Trial Court against second Defendant herein. The Suit Property therein and the Suit Property described in the present Suit in O.S. No.25 of 2023, are one and the same. A Civil Revision Petition in C.R.P. No.3714 of 2022 was preferred by second Defendant herein seeking to reject the plaint in O.S. No.35 of 2022 and a stay was granted in favour of second Defendant herein in the Civil Revision Petition. With a view to nullify the effect of the stay granted, the present Suit has been instituted. The present Suit is an abuse of process of law. Accordingly, he would pray to allow this Civil Revision Petition and to strike off the plaint in O.S.No.25 of 2023.

5. Per contra, Mr.S.Sriram learned Counsel for Mr.K.Govi Ganesan learned Counsel on record for the Respondent / Plaintiff would submit that the Suit Property in O.S. No.35 of 2022 and that in O.S.No.25 of 2023 though situate in the same survey number are different from each other. Further, the cause of action are different in both the Suits. Hence, the Suit is not barred under Order II Rule 2 of CPC. Accordingly, he would pray to dismiss the Civil Revision Petition.

6. This Court has considered both sides’ submissions and perused the plaints in O.S.No.25 of 2023 and O.S.No.35 of 2022 on the file of the Trial Court. The present Suit in O.S.No.25 of 2023 is filed by Plaintiff seeking a permanent injunction against the Defendants. O.S.No.35 of 2022 was filed by the Plaintiff seeking permanent injunction against the second Defendant herein and also for a declaration that a Cancellation Deed mentioned thereof is invalid.

7. The Suit Properties in O.S.No.25 of 2023 consist of an extent of 12 Cents within specific four boundaries and another extent of 10 cents within specific four boundaries, both in the same Survey No.60/7. To be noted, the new survey numbers are 60/7B and 60/7D r