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2023 Supreme(Online)(MAD) 14671

HIGH COURT OF MADRAS
Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP
KESAVAN – Appellant
Versus
PUSHPAVATHY – Respondent


ORDER

This Civil Revision Petition is filed to call for the plaint in O.S.No.128 of 2019 on the file of the District Judge-II, Kanchipuram and strike - off the same as sheer abuse of process of law, barred by limitation, vexatious, non-joinder of necessary parties, and concealing material facts.

2. Brief facts which are necessary to decide this petition are as follows:

The Respondents in this Civil Revision Petition had filed O.S.No.128 of 2019 on the file of the learned District Judge - II, Kanchipuram seeking the relief of partition. The Petitioner was impleaded as second Defendant in the suit. Since the suit for partition itself is not maintainable, the second Defendant as Petitioner had approached this Court by filing petition under Article 227 of Constitution of India seeking to strike out the plaint from the file of the learned District Judge - II, Kanchipuram as it is an abuse of the process of the Court.

3. The Learned Senior Counsel Mr.R.Singaravelan appearing for the Revision Petitioner submitted his arguments stating that usually when the suit is not maintainable either on the interpretation of any law or when there is a bar for filing any suit as per any law under Order VI

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