C.R.P. No.4108 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

C.R.P.No. 4108 of 2022

and

C.M.P. No. 21352 of 2022

Mohammed Saleem

S/o. Azis

... Petitioner

Versus

R.M.C.Travellers Inn (P) Ltd.,

rep. by its Director M.Health Tito

.. Respondent

PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of

India, praying to set aside the fair order and decreetal order dated

18.11.2022 passed by the learned V Asst. City Civil Judge, Madras

dismissing I.A.No.13 of 2022, which was filed under Sec.151 of C.P.C. to

dismiss O.S.No.1409 of 2017.

For Petitioner

: Mr.N.L.Rajah for

Mr.B.Hari Krishnan

For Respondent

: Mr.E.Prabhu

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C.R.P. No.4108 of 2022

O R D E R

Challenging the impugned order passed in I.A.No.13 of 2022 in

O.S.No.1409 of 2017, on the file of V Asst. City Civil Judge, Chennai, the

Revision Petitioner/defendant preferred this Civil Revision Petition.

2. For the sake of convenience, the parties are referred as per the

ranking in the suit.

3. The plaintiff filed a suit in O.S.No.1409 of 2017 against defendant

for bare injunction restraining the defendant from in any manner interfering

with his alleged possession and enjoyment of the property in T.S.No. 2/164,

2/165 in Block No.22, Urur Village, Chennai. The defendant denied the title

of plaintiff contending that the vendors of the plaintiff have no right to

convey the property and to that effect, already various litigations are pending

between the parties. So, he filed an Interlocutory Application in I.A.No.13 of

2022 invoking inherent powers under Sec.151 of C.P.C. seeking for

dismissal of the suit, being erroneous in nature. After contest, the trial judge

concludes that when the plaintiff has not made out a case for rejection of

plaint under Order VII Rule 11 of C.P.C. and also there is no specific

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C.R.P. No.4108 of 2022

provision praying to dismiss the suit, the inherent powers under Sec.151 of

C.P.C. cannot be invoked. Accordingly, the petition was dismissed.

Challenging the said findings, the defendant preferred this Civil Revision

Petition.

4. The learned senior counsel for Revision Petitioner argues that if the

trial court not found any ground to reject the plaint under Order VII Rule 11

of C.P.C., in any event, if the trial court found that the said suit is frivolous

in nature and abuse of process of law, the trial court is empowered to

dismiss the suit under Sec.151 of C.P.C. Before the trial court, the Revision

Petitioner spell over in his affidavit about the frivolous nature of the suit as

well as abuse of process of court made by the plaintiff, inspite of that, the

trial judge dismissed the petition erroneously. Hence, the same is liable to be

set aside. Further, he has also argued that frivolous litigation pending

between the parties at the earliest possible stage, the aggrieved party need

not keep the litigation pending for several years and the case in hand, the

defendant established the conduct of plaintiff that the plaintiff abused the

process of court by filing frivolous applications before the trial court. But,

the trial judge failed to appreciate those facts and dismissed the application,

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C.R.P. No.4108 of 2022

as such is totally unfair and the same is liable to be set aside. The learned

senior counsel would also submit that though the direction issued by this

Court to dispose of the suit within a period of four months and instead of

cooperating with the trial proceedings, the plaintiff filed the following

petitions only in order to drag on the proceedings :-

a) I.A.No.3 of 2019 to direct the Inspector of Police, Shastri Nagar

Police Station to give police aid to implement the order of interim injunction

in IA.No.4038 of 2017