Madras High Court
Saraswathiammal vs Syed Ameer Ali on 6 December, 2022
CRP(MD)No.1956 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.1956 of 2022
and
CMP(MD)No.8977 of 2022
Saraswathiammal ... Petitioner
Vs
1.Syed Ameer Ali
2.Pathamavathiammal ... Respondents
PRAYER: Civil Revision Petition is filed under Article 227
of the Constitution of India, to set aside the order passed
by the Additional District Judge, Ramanathapuram in
IA.No.48 of 2021 in OS.No.74 of 2019, dated 17.03.2022 by
allowing this application for rejecting the plaint in
OS.No.74 of 2019.
For Petitioner : Mr.S.A.S.Alaudeen
For Respondents : Mr.J.Bharathan
ORDER
This Civil Revision Petition is filed as against the
order passed by the learned Additional District Judge,
Ramanathapuram in IA.No.48 of 2021 in OS.No.74 of 2019,
dated 17.03.2022.
https://www.mhc.tn.gov.in/judis
CRP(MD)No.1956 of 2022
2.The petitioner is defendant No.1 in OS.No.74 of 2019
pending on the file of the Additional District Judge,
Ramanathapuram. The petitioner has filed an interlocutory
application in IA.No.48 of 2021 under Order VII Rule 11 CPC
to reject the plaint on the ground of limitation. Aggrieved
over the same, the present petition is filed.
3.The learned Counsel for the petitioner by referring
Article 59 of the Limitation Act submits that the suit in
OS.No.74 of 2019 is barred by limitation. However, the
trial Court without considering the same, dismissed the
application. The learned Counsel also relies on the
judgment of the Hon'ble Supreme Court in Sukhbiri Devi and
Others Vs Union of India and others, reported in 2022 SCC
Online SC 1322.
4.The learned Counsel for the respondents submits that
as against the preliminary decree, the respondents/
plaintiffs have already filed a suit in OS.No.54 of 2016
and as an abundant caution, they also filed the above suit
in OS.No.74 of 2019. The respondents have also filed
Tr.OP.No.50 of 2019 before the Principal District Court,
https://www.mhc.tn.gov.in/judis
CRP(MD)No.1956 of 2022
Ramanathapuram praying for joint trial and it was ordered
by the learned Principal District Judge, Ramanathapuram
dated 30.09.2021. Accordingly a joint trial was conducted
and now the case is pending at the stage of arguments.
He further submits that the plaintiffs' side has completed
their arguments.
5.Considering the subsequent developments and the stage
of the suit, this court is not inclined to entertain this
civil revision petition. However, the petitioner and the
respondents are at liberty to raise the ground of
limitation before the trial Court during their arguments
and trial Court shall consider the same on its merits and
dispose of the suit within a period of three months from
the receipt of a copy of this order. No cost. Consequently
connected miscellaneous petition also stands dismissed.
06.12.2022
dsk
To
The Additional District Judge,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
CRP(MD)No.1956 of 2022
B.PUGALENDHI, J.
dsk
CRP(MD)No.1956 of 2022
06.12.2022
https://www.mhc.tn.gov.in/judis
