John Kennedy vs Leelabai
2021 Latest Caselaw 23459 Mad

                                                           1

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 30.11.2021

                                                       CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            C.M.S.A(MD)No.29 of 2018
                                                      and
                                            C.M.P(MD)No.11484 of 2018

                  1.John Kennedy
                  2.N.Premkumar                            ... Appellants/Appellants/Petitioners/
                                                                  Defendants

                                                          vs.

                  Leelabai                               ... Respondent/Respondent/Respondent/
                                                                 Respondent

                  PRAYER :Appeal filed under Section 100 r/w Order 43 Rule 1 of Civil
                  Procedure Code, to set aside the order, dated 12.07.2018 made in C.M.A.No.
                  16 of 2017 on the file of the learned Additional District and Sessions Judge
                  (Fast Track Court), Kanyakumari District at Nagercoil, confirming the order
                  in I.A.No.132 of 2017 in O.S.No.232 of 2016 on the file of the learned
                  Subordinate Judge, Padmanabhapuram and allow the Civil Miscellaneous
                  Second Appeal.


                                  For Appellants     : Mr.T.Selvakumaran
                                  For Respondent     : Mr.S.C.Herold Singh




https://www.mhc.tn.gov.in/judis
                                                            2

                                                     JUDGMENT

This appeal has been filed to set aside the order, dated 12.07.2018 in

C.M.A.No.16 of 2017 passed by the learned Additional District and Sessions

Judge (Fast Track Court), Kanyakumari District at Nagercoil, confirming the

order, dated 22.04.2017 in I.A.No.132 of 2017 in O.S.No.232 of 2016 passed

by the learned Subordinate Judge, Padmanabhapuram.

2.The appellants/petitioners have filed a petition in I.A.No.132 of 2017

under Order 7 Rule 11 and Section 151 of Civil Procedure Case to reject the

plaint and the same was dismissed on 22.04.2017. Against the dismissal

order, the appellants herein have filed an appeal in C.M.A.No.16 of 2017 on

the file of the learned Additional District and Sessions Judge (Fast Track

Court), Kanyakumari District at Nagercoil and the same was also dismissed

on 12.07.2018 with liberty to approach the appropriate forum. Against the

concurrent findings the appellants are before this Court.

3.Heard on either side. Perused the material documents available on

record.

4. This appeal has been filed on the ground that the learned Judge

ought not to have came into conclusion that the Civil Miscellaneous Appeal https://www.mhc.tn.gov.in/judis

is not maintainable and dismiss the C.M.A. The appellants/plaintiffs should

approach the appropriate forum under Workman Compensation Act.

5.The I.A.No.132 of 2017 in O.S.No.232 of 2016 has filed by these

appellants/petitioners under Order 7 Rule 11 and Section 151 of Civil

Procedure Code to reject the plaint, on the ground that the

appellants/petitioners should filed the petition under Workmen Compensation

Act. The learned Subordinate Judge, Padmanabhapuram, has dismissed the

petition on the ground that there is no bar either under Workmen

Compensation Act or under Civil Procedure Code.

6.Accordingly, the petition filed under Order 7 Rule 11 was dismissed

by the learned Subordinate Judge, Padnabhapuram. Aggrieved by the said

dismissal order, the appellants have preferred an appeal in C.M.A.No.16 of

2017 before the learned Additional District and Sessions Judge (Fast Track

Court) Kanyakumari District at Nagercoil and the same was also dismissed

on the same ground as stated in the I.A.No.132 of 2017 in O.S.No.232 of

2016.

7. In view of the foregoing reasons, this Court has no valid reason to

interfere with the concurrent findings.

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

8.Accordingly, this Civil Miscellaneous Second Appeal stands

dismissed by confirming the order, dated 12.07.2018 in C.M.A.No.16 of

2017 passed by the learned Additional District and Sessions Judge (Fast

Track Court), Kanyakumari District at Nagercoil, confirming the order in

I.A.No.132 of 2017 in O.S.No.232 of 2016 passed by the learned

Subordinate Judge, Padmanabhapuram. Since the suit is of the year, 2016,

the learned Subordinate Judge, Padmanabhapuram, is directed to dispose the

suit in O.S.No.232 of 2016, within a period of six months from the date of

receipt of a copy of the order. No Costs. Consequently, connected

miscellaneous petition is closed.

                  Index :Yes/No                                              30.11.2021
                  Internet:Yes/No
                  ksa

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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To

1. The Additional District and Sessions Judge/ (Fast Track Court), Kanyakumari District at Nagercoil

2. The Subordinate Court, Padmanabhapuram.

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

S.ANANTHI, J.

ksa

Order made in C.M.S.A(MD)No.29 of 2018

30.11.2021

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