IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
State Bank of India – Appellant
Versus
M.Sailaja – Respondent
| Table of Content |
|---|
| 1. grounds for plaint rejection. (Para 1 , 2 , 6) |
| 2. counterarguments against plaint rejection. (Para 3 , 4 , 5) |
| 3. court's duty to assess plaint assertions. (Para 7 , 8 , 9) |
ORDER
This application has been filed by the applicant to reject the plaint on the ground of limitation, res judicata, and barred by law for no cause of action.
2.According to the applicant he is the first defendant in the main suit. The suit is filed by the plaintiffs who are 1 to 3 respondents herein for the relief of recovery of money and for declaration and for compensation. The suit is liable to be dismissed on the ground of res judicata, limitation and for no cause of action and non-joinder of necessary parties. This Court vide order dated 26.11.2009 in Company Application Nos.1445 and 1694 of 2009 in C.P.No.103 of 1993 already negatived title and ownership of the first plaintiff and empowered the first defendant Bank to proceed with the sale of the subject property through the Recovery Officer attached to DRT II, Chennai and thereafter O.S.A.Nos.222 of 2013 and 75 of 2017 were also filed and dismissed through order dated 19.03.2020 and no SLP has been filed till date. Borrower M/s.Sethuraman
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