A.S.Amsanathan vs M.Arun Kumar
2021 Latest Caselaw 22379 Mad

                                                                                 CRP.No.70 of 2020


                                         In the High Court of Judicature at Madras

                                                    Dated : 15.11.2021

                                                          Coram :

                                        The Honourable Mr.Justice R.SUBRAMANIAN

                                         Civil Revision Petition (PD) No.70 of 2020
                                                  and CMP.No.455 of 2020


                     1.A.S.Amsanathan
                     2.A.Mahesh Babu
                     3.A.Amsaveni                                            ...Petitioners
                                                             Vs
                     M.Arun Kumar                                            ...Respondent


                                  PETITION under Article 227 of The Constitution of India to

                     reject the plaint in O.S.No.239 of 2019 on the file of the Subordinate

                     Court, Vaniyambadi.



                                              For Petitioners     : Mr.T.Karunakaran
                                              For Respondent      : Mr.P.Vasanth

                                                          ORDER

I have heard Mr.T.Karunakaran, learned counsel for the

petitioners and Mr.P.Vasanth, learned counsel appearing for the

respondent.

2. The above civil revision petition has been filed seeking to

strike out the plaint in O.S.No.239 of 2019 on the file of the

https://www.mhc.tn.gov.in/judis CRP.No.70 of 2020

Subordinate Court, Vaniyambadi on the sole ground that the suit is

barred by limitation.

3. The petitioners seek to invoke the supervisory jurisdiction of

this Court under Article 227 of The Constitution of India.

4. No doubt, this Court has held that the question of limitation

would also be a ground for rejection of a plaint if it is found that the

suit is, on the face of it, barred by limitation. I do not, however,

propose to entertain a revision petition under Article 227 of The

Constitution of India in view of the judgment of the Hon'ble Supreme

Court in Virudhunagar Hindu Nadargal Dharma Paribalana

Sabai Vs. Tuticorin Educational Society [reported in 2019 (9)

SCC 538] wherein the Hon'ble Supreme Court has pointed out that

the High Court should be slow to exercise its supervisory jurisdiction

if an alternate remedy is available in the Civil Procedure Code.

5. The claim of the petitioners is that the suit is barred by law.

6. The defendants/petitioners can do well to seek rejection of

the plaint under Order VII Rule 11(d) of the Code.

https://www.mhc.tn.gov.in/judis CRP.No.70 of 2020

7. Hence, the above civil revision petition is dismissed

reserving liberty of the petitioners to move the Trial Court seeking

rejection of the plaint as indicated above. If any such application is

filed, the Trial Court is required to dispose of the same within a

period of eight weeks from the date of filing of such application. No

costs. Consequently, the connected CMP is also dismissed.

15.11.2021 To The Subordinate Court, Vaniyambadi

RS/SP

https://www.mhc.tn.gov.in/judis CRP.No.70 of 2020

R.SUBRAMANIAN,J

RS/SP

CRP.No.70 of 2020 & CMP.No.455 of 2020

15.11.2021

https://www.mhc.tn.gov.in/judis