Madras High Court
A.Anbugnanam vs Nallur Sekaram on 19 March, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P.(PD)(MD).No.1689 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(PD)(MD).No.1689 of 2024
and CMP(MD).No.9867 of 2024
A.Anbugnanam .... Petitioner/Petitioner/Defendant
-vs-
Nallur Sekaram
Represented by its
President
Mr.B.E.Wilson ....Respondent/Respondent/Plaintiff
PRAYER: The Civil Revision Petition has been filed under Article 227 of
Constitution of India, to set aside the fair and decreetal order 03.02.2023
passed in I.A.No.1 of 2022 in O.S.No.113 of 2022 on the file of the Distrit
Munsif Court, Alangulam and allow this civil revision petition.
For Petitioner : Mr.A.Sankararamasubramanian
ORDER
The defendant in O.S.No.113 of 2022 on the file of the District
Munsif Court, Alangulam has filed the present civil revision petition
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:03:42 pm )
C.R.P.(PD)(MD).No.1689 of 2024
challenging the dismissal of application filed under Order 7 Rule 11 of
C.P.C
2.A perusal of the record reveals that the respondent herein as
plaintiff has filed the above said suit for the relief of recovery of
possession and recovery of rental arrears and damages.
3.As per plaint averments, the defendant is the tenant of the
property and he had not paid the rent and therefore, the suit for recovery of
possession has been filed.
4.Pending suit, the defendant has filed I.A.No.1 of 2022 to reject
the plaint primarily on the ground that previously the defendant had filed
O.S.No.463 of 2014 on the file of the District Munsif Court, Tenkasi for
the relief of permanent injunction as against the present plaintiff and the
suit was decreed on 15.02.2016. Suppressing the same, the present suit for
recovery of possession has been filed. This application came to be
dismissed by the trial Court on the ground that the defendant has not
enclosed the judgment and decree passed in O.S.No.463 of 2014.
Challenging the same, the present civil revision petition has been filed.
5.According to the learned counsel for the revision petitioner,
when there is suppression of the material fact, the suit should be
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:03:42 pm )
C.R.P.(PD)(MD).No.1689 of 2024
dismissed. The plaintiff has relied upon a judgment of this Court reported
in 2020 (3) MWN (Civil) 535 (U.Chitra Vs. K.N.Bhaskar) in support of
his contention.
6.Heard the learned counsel appearing for the revision petitioner.
7.The defendant in the suit has filed an application for rejection
of plaint primarily on the ground that the plaintiff having suffered a decree
in O.S.No.463 of 2014, has filed the present suit suppressing the said fact.
Even assuming that he has suppressed the decree for permanent injunction,
that would not be a bar for the plaintiff to seek recovery of possession. The
defendant has not chosen to file the judgment and decree in O.S.No.463 of
2014 either before the trial Court or before this Court. The judgement cited
by the learned counsel for the petitioner is not applicable to the facts and
circumstances of the present case.
8.As far as the plea of non-joinder of Tirunelveli Diocese is
concerned, the same can be raised by the defendant in his written
statement.
9.In view of the above said facts, the trial Court has rightly
rejected the application filed under Order 7 Rule 11 of C.P.C. with liberty
to the petitioner to raise all the issue during trial.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:03:42 pm )
C.R.P.(PD)(MD).No.1689 of 2024
10.With the above said observations, this civil revision petition
is disposed of. No costs. Consequently, connected miscellaneous petition
is closed.
19.03.2025
Index : Yes/No
Internet : Yes/No
NCC : Yes/No
msa
To
1.The District Magistrate Court,
Alangulam
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:03:42 pm )
C.R.P.(PD)(MD).No.1689 of 2024
R.VIJAYAKUMAR, J
msa
C.R.P.(PD)(MD).No.1689 of 2024
19.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:03:42 pm )
