R. Vasudevan v. C. Podupani Thilagam

ORDER This Civil Revision Petition has been filed challenging the impugned order dated 02.06.2025 passed by the Additional District Munsif Court, Tirupathur in I.A.No.6 of 2025 in O.S.No.48 of 2024. Page No.2 of 4

¶2In the aforesaid order, the application filed by the petitioner, who is the defendant in the suit, under Order VII Rule 11(a) of CPC seeking to reject the plaint on the ground that there is no cause of action against the petitioner for filing the suit, has been dismissed.

¶3Both the counsels, on instructions, have made an endorsement in the court bundle today that in view of the fact that the respective contentions have not been considered in the impugned order by the trial court, the matter may be remanded back to the trial court for fresh consideration. Both the Senior Counsels would also request this Court to issue a direction to the trial court to dispose of the application in I.A.No.6 of 2025, within a time frame to be fixed by this Court.

¶4Admittedly, as seen from the impugned order, the contentions of both the petitioner and the respondent as raised in this revision, which was also raised before the trial court in the aforesaid application, have not been considered by the trial court. In view of the same, the impugned order has to be quashed and the matter has to be remanded back to the trial court for fresh consideration. This Court is not expressing any opinion with regard to the merits Page No.3 of 4 of the respective contentions and it is leaving open for the trial court to decide while deciding the application filed under Order VII Rule 11 CPC.

¶5In view of the endorsement made by both the counsels on instructions, and in view of the fact that the respective contentions of the parties have not been considered in the impugned order, the impugned order dated 02.06.2025 passed by the Additional District Munsif, Tirupathur in I.A.No.6 of 2025 in O.S.No.48 of 2024 is hereby set aside and the matter is remanded back to the very same court for fresh consideration, on merits and in accordance with law. The trial court, namely the Additional District Munsif, Tirupathur is directed to dispose of the application in I.A.No.6 of 2025 in O.S.No.48 of 2024, within a period of four (4) weeks from the date of receipt of a copy of this order.

¶6With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 22-07-2026 Index: Yes/No Speaking/Non-speaking order sp Page No.4 of 4 ABDUL QUDDHOSE J. sp To The Additional District Munsif Court, Tirupathur. AND CMP Nos. 15758 & 26247 OF 2025 22-07-2026

Page No.1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND CMP Nos. 15758 & 26247 OF 2025 R.Vasudevan ... Petitioner Vs C.Podupani Thilagam ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the Judgement and Decree dated 02.06.2025 in I.A.No.6 of 2025 in O.S.No.48 of 2024 on the file of Additional District Munsif Court, Tirupathur and thereby allow the above Civil Revision Petition. For Petitioner : Mr.A.Gowthaman Senior Counsel for M/s.S.Karpagapriya For Respondent : Mr.Abdul Saleem Senior Counsel for Mr.M.Vijayamehanath *****