M.Arunvelkumar v. S.Arun Kumar

ORDER This Civil Revision Petition has been filed under Article 227 of Constitution of India seeking to strike off the plaint in O.S.No.16 of 2026, on the file of the District Munsif cum Judicial Magistrate, Sholinganalluar .

¶2The petitioner is the 2nd defendant in the suit in O.S.No.16 of 2026. The 1st respondent is the plaintiff and the 2nd respondent is the 1st defendant in the said suit. According to the petitioner the suit filed by the 1st respondent is an abuse of process of law. Under those circumstances, the petitioner has filed this Civil Revision Petition under Article 227 of Constitution of India seeking to strike off the plaint in O.S.No.16 of 2026 pending on the file of District Munsif cum Judicial Magistrate, Sholinganallur. The law is now well settled by the recent decision of the Hon'ble Supreme Court in the case of Mr.P.Suresh Vs. P.Kalaivani and others reported in 2026 3 CTC 84 that the High Court while exercising its powers under Article 227 of Constitution of India does not have the power to strike off the entire plaint and can only strike off a portions of the pleadings in the plaint, if it is found that the suit is an abuse of process of law. The Hon'ble Supreme Court in the aforesaid decision has held that when Page3 of 5 there is an alternative remedy available to the petitioner under the Civil Procedure Code for rejection of plaint, the petitioner cannot approach the High Court by filing a petition under Article 227 of Constitution of India to strike down the plaint. In the case on hand, the petitioner seeks to strike off the plaint in O.S.No.16 of 2026, on the file of the District Munsif, Judicial Magistrate at Sholinganallur through this Civil Revision Petition.

¶3In view of the settled position of law as laid down by the Hon'ble Supreme Court in its recent decision referred to supra, the relief sought for by the petitioner in this Civil Revision Petition filed under Article 227 of Constitution of India cannot be granted by this Court as the only remedy available to the petitioner is to approach the Trial Court by filing an application under Order VII Rule 11 CPC and establish that the suit filed by the 1st respondent/plaintiff is an abuse of process of law.

¶4For the foregoing reasons, since this Civil Revision Petition is not maintainable under Article 227 of Constitution of India, this Civil Revision Petition is disposed of, by granting liberty to the petitioner to approach the Trial Court and file an application under Order VII Rule 11 CPC and establish before the Trial Court that the suit filed by the 1st respondent/plaintifff is an abuse of Page4 of 5 process of law. Consequently, connected Miscellaneous Petition is closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order arr To The District Munsif cum Judicial Magistrate, Sholinganallur. CRPoNo.o1809oofo2026 ABDULoQUDDHOSE,oJ. arr CRPoNo.o1809oofo2026 16-07-2026 Page5oofo5 Page6 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M.Arunvelkumar S/o. Marimuthu No 69, 2nd Main Road VGP Layout 3rd part Palavakkam Chennai 41 ..Petitioner(s) Vs 1. S.Arun Kumar S/o. Shanmugam No. 1/8, Kambar Street P.R.S. Nagar, Palavakkam Thiruvanmiyur Chennai 41 Also resi at No. 1/189, VGP Layout Palavakkam Chennai 600 041. 2. V.Saravanan S/o. Vadivel No. 4/348, Pariya Colony Nathambakkam Chennai 600 069. ..Respondent(s) Civil Revision Petition filed under Article 226 of Constitution of India praying to strike off the plaint in O.S No. 16/2026, on the file of Honble District Munsif cum Judicial Magistrate at Sholinganallur by allowing the CRP. Page2 of 5 For Petitioner(s): Mr.R.Ramesh For Respondent(s): Mr.V.Sundarraman For R1