Madras High Court
Shri Dhanraj N.Kachar vs Sri Chenna Malleeswara And Sri on 10 October, 2022
C.R.P(PD)No.3186 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
C.R.P(PD)No.3186 of 2022
and
C.M.P.No.16969 of 2022
1.Shri Dhanraj N.Kachar
2.Shri K.Ramesh Kumar ... Petitioners
Vs.
Sri Chenna Malleeswara and Sri
Chenna Kesava Perumal Devanthanam
Rep.by its Hereditary Trustee,
R.Manali Srinivasan,
S/o.Manali Ramakrishna Mudaliar,
No.85, Devaraja Mudali Street,
Park Town, Chennai-600 003. ... Respondent
PRAYER: The Civil Revision Petition is filed under Section 115 of Civil
Procedure Code, to pass ad-interim stay of all further proceeding filed in
O.S.No.779 of 1997 on the file of the 1st Assistant City Civil Court, Chennai
pending disposal of the civil revision petition.
For Petitioners : Mr.B.Satish Sundar
Page 1 of 7
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C.R.P(PD)No.3186 of 2022
ORDER
This Civil Revision Petition is filed by the 1st defendant in the suit
challenging the order dismissing his petition seeking rejection of the plaint.
2.The respondent herein originally filed a Suit for recovery of
possession against the first petitioner in O.S.No.779 of 1997 on the file of
the First Assistant City Civil Court. When the said suit was pending, the
respondent filed a petition for impleading the second petitioner as the second
defendant in the suit on the ground that the second petitioner was inducted by
the first petitioner as a sub tenant. The said impleading petition was allowed.
Thereafter the second petitioner also filed his written statement.
3.After commencement of the trial, both the petitioners/defendants 1
and 2 filed a petition to reject the plaint on the ground that the plaint does not
disclose any cause of action. It was also averred in the affidavit filed in
support of the petition to reject the plaint, that the respondent/plaintiff has
been collecting rent directly from the defendants even without any protest,
pending suit and hence, sought for rejection of plaint. The Court below
having not satisfied with the reasons given by the petitioners, dismissed the
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C.R.P(PD)No.3186 of 2022
petition for rejection of plaint. Aggrieved by the same, the petitioners filed
the present C.R.P.
4.The learned counsel for the petitioners submitted that the plaint does
not disclose any cause of action as against the second petitioner. He also
submitted that at the time of considering the petition for rejection of plaint,
the Court has to take into consideration the conduct of the respondent that the
Suit for ejectment was filed only as against the first petitioner initially and
subsequently, the second petitioner was impleaded as the 2nd defendant on the
ground that 1st petitioner inducted the second petitioner as a sub tenant.
5.The learned counsel for the petitioner relied on the following
judgments for the preposition that if the plaint does not disclose the cause of
action, the Plaint is liable to be rejected
1. (2020) 7 SCC 366 [Dahiben Vs.
Arvindbhai Kalyanji Bhanusali (Gajra) dead
through legal representatives and others].
2. 2021 SCC Online 238 [K.Akbar Ali Vs.
K.Umar Khan and Others]
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C.R.P(PD)No.3186 of 2022
3. 2021 SCC online Mad 2710
[Heerachand Jain Vs. T.Namasivayam]
6.Heard the arguments of the learned counsel for the petitioners and
perused the records.
7.With regard to the legal submissions made by the learned counsel for
the petitioners that if the plaint on the face of it does not disclose any cause of
action, it deserves to be rejected. This Court has no quarrel as far as the legal
position is concerned. The Suit was originally filed by the respondent against
the first petitioner. Subsequently, the second petitioner was impleaded by the
respondent mainly on the ground that the second petitioner was inducted by
the first petitioner as a sub tenant. The said implead petition was allowed and
the same has not been questioned. The order of impleading has attained
finality and now the petitioners have come up with this petition to reject the
plaint on the ground that the plaint does not disclose any cause of action.
8.Further, the Suit is of the year 1997. It was initially decreed ex parte
and subsequently, on petition filed by 1st petitioner, it was set aside. Now after
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C.R.P(PD)No.3186 of 2022
impleadment of 2nd petitioner, the trial had commenced and PW.1 has already
entered box and at this stage the petitioners have come up with this petition to
reject plaint.
9.Reading of the plaint averments would suggest that the plaint
discloses the cause of action to maintain the suit for ejectment against the
petitioners. The respondent alleged in the original plaint that defendant
therein (1st petitioner) was tenant under it and the tenancy was terminated on
29.02.1996. Subsequently, 2nd petitioner was impleaded on the ground that he
was inducted by 1st petitioner. After impleadment, 2nd petitioner filed written
statement denying averment of respondent that he was inducted by 1st
petitioner. He claimed that he was staff of 1st petitioner in his jewellery shop.
In there circumstances, we cannot say that plaint does not disclose cause of
action for ejectment. Therefore, the judgment relied upon by the petitioners
are not applicable to the facts of this case. Other point raised by the
petitioners is that the respondent has been receiving rent regularly without
any protest even after filing of the suit, the same cannot be decided at the
stage of considering petition for rejection of the plaint. All these issues can be
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C.R.P(PD)No.3186 of 2022
raised only at the time of disposal of the suit. Hence, this Court is not inclined
to interfere with the order of the Court below.
10.The Civil Revision Petition stands dismissed accordingly.
Consequently, the connected Civil Miscellaneous Petition is also dismissed.
No costs.
10.10.2022
rpl
Index : Yes/No
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To
The 1st Assistant City Civil Court, Chennai
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C.R.P(PD)No.3186 of 2022
S.SOUNTHAR, J.,
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C.R.P(PD)No.3186 of 2022
10.10.2022
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