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2020 Supreme(Online)(MAD) 8586

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. BHARATHIDASAN
KUMARI – Appellant
Versus
K.SHANKAR – Respondent


O R D E R

The Civil Revision Petition has been filed against the order dismissing the petitioners' application filed under Order 7 Rule 11 CPC to reject the plaint.

2. The respondent/plaintiff has filed a suit in O.S.No.84 of

2016 on the file of the Additional Subordinate Court, Chengalpattu, for permanent injunction restraining the defendants from interfering with the suit schedule property. Pending suit, the petitioners/defendants have filed an application to reject the plaint under Order 7 Rule 11 CPC on the ground that no cause of action arises for filing the suit and the respondent/plaintiff without establishing his title is seeking for injunction. The trial Court, dismissed the application, by an order dated 24.07.2019 holding that cause of action is a mixed question of law and fact, whether the respondent/plaintiff has title over the property, can only be decided at the time of trial and on that ground, the plaint cannot be rejected. Now, challenging the same, the present revision has been filed.

3. Heard the learned counsel for the petitioner and perused the materials available on records carefully.

4. The suit is filed for permanent injunction on the ground that the respondent

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