Global Finsol Private Limited vs Sri Ragava Exporter
2022 Latest Caselaw 11200 Mad

                                                                         C.R.P.(PD)No.1956 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.06.2022

                                                    CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                            C.R.P.(PD).No.1956 of 2022
                                                       and
                                              C.M.P.No.9912 of 2022


                     1.Global Finsol Private Limited,
                       Rep.by its Managing Director,
                       4-A, Sri Ayyappa Arcade Pampa Lay-out,
                       Kemapura, Hebbal,
                       Bangalure-560 024.

                     2.M.N.Jahannath                                             ... Petitioners
                                                         ..Vs..

                     Sri Ragava Exporter,
                     Rep.by its Proprietor,
                     C.Hemanathan,
                     32, Kulathur, Mukasi,
                     Anuvanpalli Village and Post
                     Modakuruchi Taluk,
                     Erode District 638 101                                     ... Respondent



                     Prayer :- Civil Revision Petition filed under Article 227 of the
                     Constitution of India, by setting aside the judgment and decree dated

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https://www.mhc.tn.gov.in/judis
                                                                            C.R.P.(PD)No.1956 of 2022

                     04.03.2022 passed in I.A.No.242 of 2021 in O.S.No.42 of 2018 on the
                     file of the Principal District Court, Erode.


                                       For Petitioner     : Mr.R.Saravanakumar


                                                           ORDER

This Civil Revision Petition has been preferred challenging the

order dated 04.03.2022 made in I.A.No.242 of 2021 in O.S.No.42 of

2018 on the file of the Principal District Court, Erode.

2. Heard the learned counsel for the petitioner and perused the

materials available on record.

3. The revision petitioners are the defendants against whom the

respondent/plaintiff has filed a suit in O.S.No.42 of 2018 for recovery of

money. During the pendency of the suit, the defendants filed I.A.No.242

of 2021, to reject the plaint as not maintainable. The said application

was dismissed. Aggrieved over the same, this Civil Revision Petition has

been preferred.

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https://www.mhc.tn.gov.in/judis C.R.P.(PD)No.1956 of 2022

4. The learned counsel for the petitioners submitted that in the suit

averments it is stated that the last part payment was made in the year

2015 and the suit was filed in the year 2018 ; and hence, the suit itself is

clearly barred by limitation. However, the learned trial Judge over

looked the above facts and dismissed the petition by observing that the

point of limitation is a mixed question of law.

5. On perusal of the pleadings in the plaint, it is seen that the

respondent/plaintiff has specifically alleged that the last part payment

was made on 06.01.2015. The respondent/plaintiff has managed to file

the suit on the verge of expiry of limitation i.e on 05.01.2018. Hence, it is

right for the learned trial Judge to render a finding that the plaint is not

liable to be rejected at the threshold itself. As such, I feel it does not

require any interference.

6. Therefore, this Civil Revision Petition is dismissed and the

order dated 04.03.2022 made in I.A.No.242 of 2021 in O.S.No.42 of

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https://www.mhc.tn.gov.in/judis C.R.P.(PD)No.1956 of 2022

2018 passed by the learned Principal District Munsif, Erode is hereby

confirmed. No costs. Consequently connected miscellaneous petition is

closed.

27.06.2022

Index:Yes No Speaking Order:Yes/No ms

To

The Principal District Munsif, Erode.

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https://www.mhc.tn.gov.in/judis C.R.P.(PD)No.1956 of 2022

R.N.MANJULA, J.

ms

C.R.P.(PD).No.1956 of 2022 and C.M.P.No.9912 of 2022

27.06.2022

Page No.5/5

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