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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
Nachammal – Appellant
Versus
C. Murugesan – Respondent
| Table of Content |
|---|
| 1. factual background of the case based on previous suit. (Para 1 , 3 , 4) |
| 2. defendants' arguments regarding jurisdiction and procedural bars. (Para 5 , 6 , 19) |
| 3. plaintiffs' response regarding the legitimacy of their claim. (Para 8 , 9 , 22) |
| 4. court’s analysis on the principles of res judicata. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18) |
| 5. key rulings regarding rejection of the plaint and principles governing the case. (Para 17 , 23) |
| 6. final ruling and dismissal of the appeal. (Para 24 , 25) |
JUDGMENT
This Second Appeal is preferred challenging the judgment and decree dated 27.03.2018 made in A.S.No.43 of 2017 on the file of the learned I Additional District and Sessions Judge, Tiruppur reversing the judgment and decree dated 08.06.2017 made in I.A.No.14 of 2012 in O.S. No. 174 of 2007 on the file of the Additional Sub-ordinate Judge, Tiruppur.
2.The defendants in O.S.No.174 of 2007 on the file of Additional Sub Court,Tiruppur have filed the petition in I.A.No.14/2012 under Order 7 Rule 11(d) of CPC to reject the plaint.
3.The brief contents of the petition is that the respondents/plaintiffs have filed the suit for setting aside the decree passed in O.S. No.637/1994, S
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