Madras High Court
M. Kishanlal vs K.Pushpavalli @ on 5 January, 2022
C.R.P. (PD) No.1512 of 2021
and CMP No.11857 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Civil Revision Petition (PD) No.1512 of 2021
and CMP No.11857 of 2021
1. M. Kishanlal
2. K. Meetha .. Petitioners
Vs.
1. K.Pushpavalli @
Elizabeth Pushpavalli
2. S.Nigila Devi
3. Ms.Radha Kannan .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, praying to strike-off the plaint in OS No.21 of 2020 on the file of the
Subordinate Judge Court, at Thiruvallur.
1/5
https://www.mhc.tn.gov.in/judis
C.R.P. (PD) No.1512 of 2021
and CMP No.11857 of 2021
For Petitioners : Mr.T.T.Ravichandran
For Respondent : Mr.V.Raghavachari
ORDER
The petitioners seek to invoke the extraordinary supervisory
jurisdiction of this Court under Article 227 of Constitution of India, to strike
out the plaint in OS No.21 of 2020 on the file of the Subordinate Court,
Thiruvallur.
2. According to Mr.T.T.Ravichandran, learned counsel appearing for
the petitioners, this is an extraordinary case, where the plaint has to be
thrown out in exercise of the power under Article 227 of the Constitution of
India. He would submit that the rights of the parties have crystalised by the
judgment of this Court in OSA No.56 of 1961 dated 29.07.1969 and hence
the present suit is not maintainable.
https://www.mhc.tn.gov.in/judis
C.R.P. (PD) No.1512 of 2021
and CMP No.11857 of 2021
3. The Hon’ble Supreme Court as well as this Court have repeatedly
held that Order VII Rule 11 of the Code of Civil Procedure is not exhaustive
and a plaint can be rejected on grounds other than the ones enumerated
Order VII Rule 11 also. The Hon’ble Supreme Court in Virudhunagar
Hindu Nadargal Dharma Paribalana Sabai and Others v. Tuticorin
Educational Society and Others, reported in (2019) 9 SCC 538, has held
that the High Court will refrain from exercising jurisdiction under Article
227 of the Constitution of India, not merely as a measure of self-imposed
restriction, but as a matter of discipline and prudence, when a remedy under
the code of Civil Procedure is available to the party approaching the High
Court. I am therefore of the considered opinion that this is not a fit case to
exercise jurisdiction under Article 227 of the Constitution of India.
4. Leaving it open to the petitioners to approach the Trial Court with
an application under Order VII Rule 11 seeking rejection of the petition, this
Civil Revision Petition is dismissed. If an application is filed under Order
VII Rule 11, the learned Subordinate Judge, Thiruvallur, will dispose of the
application within the period of three months from the date of its filing. No
https://www.mhc.tn.gov.in/judis
C.R.P. (PD) No.1512 of 2021
and CMP No.11857 of 2021
costs. Consequently, the connected miscellaneous petitions are closed.
05.01.2022
jv
Index: Yes/No
Internet: Yes/No
Speaking order/Non Speaking Order
To
1. The Subordinate Court,
Thiruvallur.
2. The Section Officer,
V.R.Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.R.P. (PD) No.1512 of 2021
and CMP No.11857 of 2021
R.SUBRAMANIAN, J.
jv
Civil Revision Petition (PD) No.1512 of 2021
and CMP No.11857 of 2021
05.01.2022
https://www.mhc.tn.gov.in/judis
