Madras High Court
P.N.Gopinath vs M/S.R.B.Constructions on 30 September, 2021
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
P.N.Gopinath ... Petitioner /
Defendant
versus
M/s.R.B.Constructions,
Represented by its Proprietor,
S.Venkataramani,
Office at No.2 B,
New No.7 (Basement Floor),
West Road, West CIT Nagar,
Chennai - 600 035. ... Respondent /
Plaintiff
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India, to set aside the judgment and decree dated 08.04.2018
made in I.A.No.10869 of 2018 in O.S.No.3267 of 2018 on the file of the
learned XVI Assistant Judge, City Civil Court, Chennai.
For Petitioner : Mr.Anil Relwani
For Respondent : Mr.S.Veeraraghavan
1/7
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
ORDER
This Civil Revision Petition is filed challenging the order dated
08.04.2018 passed by the learned XVI Assistant Judge, City Civil Court,
Chennai in I.A.No.10869 of 2018 in O.S.No.3267 of 2018.
2. The learned counsel for the petitioner submitted that, the
respondent filed the suit in O.S.No.3267 of 2018 claiming a sum of
Rs.2,15,733/- together with interest at 24% per annum from the date of
plaint to till the date of decree and also for the future interest. The learned
counsel for the petitioner submitted that, the plaint claim, is not supported
by any cause of action and therefore, Interlocutory Application Order VII
Rule 11 of C.P.C. was filed in I.A.No.10869 of 2018. That petition was
contested by the respondent. The learned XVI Assistant Judge, on
considering the rival submissions, dismissed the petition. Against the said
dismissal order, this Civil Revision Petition is preferred.
3. The learned counsel for the petitioner submitted that,
there is no agreement between the parties, for paying any charges for the
preparation of architectural plan. However, the claim made by the
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
respondent for a sum of Rs.2,15,733, is not based on any contract and cause
of action. He drew the attention of this Court to the letter written by the
respondent to the petitioner on 13.03.2018 thanking the petitioner for giving
an opportunity for construction of the plot at Jawahar Nagar, Peravalur,
Chennai and the plan was enclosed along with this letter. It is his submission
that for giving a plan, the petitioner cannot make monetary claim in the
plaint.
4. In response, the learned counsel for the respondent
submitted that, it is specifically pleaded in the plaint that, the architectural
designs by the architect are chargeable and necessary fees have to be paid
for the reason that architectural designs are out sourced to another architect.
It is also submitted by him that, there were several email communications
between the parties. The plan sent by the respondent was seen by the
petitioner, suggestions and improvements were given for alterations.
Suggestions were accepted, necessary changes were made in the plan. All
these emails were filed along with the plaint. The respondent is not claiming
amount for preparation of estimate but for the charges paid by him for
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
architectural designs. Therefore, he prayed for dismissal of this petition and
for confirming the order of the learned XVI Assistant Judge, City Civil
Court, Chennai.
5. Considered the rival submissions and perused the
records.
6. As said above, the suit was filed for recovery of
Rs.2,15,733/-. There is no dispute in this case that the petitioner engaged the
respondent for preparation of plan and estimate. It is specifically stated in
the plaint that, the architectural designs by the architect are chargeable and
necessary fees have to be paid to him. There are telephonic conversations
and the email communications between the parties on various dates. The
petitioner gave inputs to the preparation of plan. As per the inputs, the plans
were revised. The respondent sent IV proposal with detailed estimation to
the petitioner. Then the petitioner sent emails dated 16.03.2018 and
23.03.2018 stating that "proposed estimate is beyond his budget". Then the
revised proposal in the form of V, VI, VII were sent at the request of the
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
petitioner and ultimately, the project has not taken off. The respondent
claimed a sum of Rs.2,15,733/- towards architect drawing plans and
proposal charges.
7. As already said, there is no dispute that the petitioner
engaged the respondent for preparation of the plan and estimate. The
respondent had done the preparation of plan and estimation making several
changes as per the request of the petitioner. Whether the plaintiff /
respondent, is entitled to claim a sum of Rs.2,15,733/- or not, is a matter of
evidence. That cannot be decided now. What we have to consider, is
whether the respondent has made out the cause of action for filing this case
against the petitioner. As elaborately narrated above, this Court finds that
the respondent has made out a cause of action for claiming the amount and
filing the case against the petitioner. Therefore, this Court finds that the
learned XVI Assistant Judge, City Civil Court, Chennai, has rightly
dismissed the petition filed under Order VII Rule 11 C.P.C. and the order, is
hereby confirmed.
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
8. Resultantly, this Civil Revision Petition is dismissed.
Consequently, connected Miscellaneous Petitions are closed. However,
there is no order as to costs.
30.09.2021
Speaking order / Non-speaking order
Index : Yes / No
psa / sri
To
The XVI Assistant Judge,
City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
G.CHANDRASEKHARAN, J.
psa \ sri
C.R.P. (PD) No.2719 of 2019
and C.M.P. Nos.25952 & 17941 of 2019
30.09.2021
https://www.mhc.tn.gov.in/judis/
