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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA, J
K. Shivakumar – Appellant
Versus
Punjab National Bank – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties (Para 1 , 2 , 3) |
| 2. details of the plaintiff's claim and the mortgage (Para 4 , 5 , 6) |
| 3. defendant's grounds for rejecting the plaint (Para 7 , 8 , 9 , 12) |
| 4. legal principles regarding jurisdiction bar under the act (Para 14 , 16 , 18 , 20) |
| 5. assessment of necessary conditions for civil court jurisdiction (Para 22 , 23 , 25 , 27) |
| 6. consideration of limitation issues in the plaint (Para 29 , 30 , 34 , 36) |
| 7. res judicata and grounds for rejection of the plaint (Para 46 , 48 , 50 , 52) |
| 8. final dismissal of the appeal (Para 53) |
COMMON JUDGMENT
These two appeals arise from the fair and decretal orders dated 06.01.2021 made in I.A. Nos.1 and 2 of 2019 in O.S. No.3969 of 2019, by which the learned VI Additional City Civil Judge, Chennai, allowed the applications filed under Order VII Rule 11(a) and (d) CPC and consequently rejected the plaint.
2.Since both applications arose from the same suit and the impugned orders rest on substantially similar reasoning, these appeals are taken up together and are being disposed of by this common judgment.
3.For the sake of convenience, the parties are hereinafter referred to in the same rank in the
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