Case Note & Summary
The case involved a Civil Revision Petition filed under Article 227 of the Constitution of India by the petitioner, who sought to strike off the plaint in O.S. No.231 of 2009 pending in the District Munsif Court, Tiruppur. The petitioner contended that the respondents, who were defendants in the earlier suits, had purchased the suit properties during the pendency of those suits and were attempting to disrupt the petitioner's possession. The petitioner argued that the suit was filed without cause of action and constituted an abuse of process of court. The respondents, on the other hand, claimed to be bona-fide purchasers and asserted that they had a valid cause of action for filing the suit. The court examined the plaint and noted that the respondents had presented a cause of action and that the question of interference with possession was a matter of fact that required trial. The court also pointed out that the petitioner had an alternate remedy under the Code of Civil Procedure, which further justified not invoking Article 227 to strike off the plaint. Ultimately, the court dismissed the Civil Revision Petition, concluding that the plaint should not be struck off and that the matter should proceed to trial (Paras 1-8).
Headnote
A) Civil Procedure - Striking off plaint - Lack of cause of action - Article 227 of the Constitution of India - The court found that the respondents had pleaded a cause of action in their suit and that the issue of interference with possession required a trial. The court held that the revision petitioner had an alternate remedy under Order VII Rule 11 of the Code of Civil Procedure, 1908, making it inappropriate to strike off the plaint at this stage (Paras 6-8).
Issue of Consideration
Whether the plaint in O.S. No.231 of 2009 should be struck off for lack of cause of action.
Final Decision
The court dismissed the Civil Revision Petition, holding that the plaint should not be struck off and that the matter required trial.
Law Points
- Article 227 of the Constitution of India
- Order VII Rule 11 of the Code of Civil Procedure
- 1908
- maintainability of suit
- abuse of process of court
