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2021 Supreme(Online)(MAD) 10913

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
SAMUTHIRAPANDIAN – Appellant
Versus
JOHNSON DAVID – Respondent


O R D E R

This Civil Revision Petition has been filed as against the fair and decreetal order dated 26.04.2017 passed by the learned Principal District Judge, Villupuram, in I.A.No.24 of 2015 in O.S.No.85 of 2014, thereby dismissing the petition for rejection of plaint.

2. The petitioner is the defendant in the suit filed by the respondent in O.S.No.85 of 2014, for recovery of money based on the construction contract dated 14.09.2009. The respondent already filed suit in O.S.No.229 of 2011 for injunction restraining the petitioner from interfering his legal right to retain possession of suit schedule property and also sought for permanent injunction from evicting the respondent from the suit schedule property. Pending the suit, the respondent filed another suit for recovery of money on the very same contract. Therefore, the petitioner filed petition in I.A.No.24 of 2015 for rejection of plaint on the ground that the suit itself directly hit by Order II Rule 2 of C.P.C. The trial Court dismissed the said petition and aggrieved by the same, the present Civil Revision Petition.

3. The learned counsel appearing for the petitioner would submit that the suit is barred as repetition of the e

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