S. Bhaktavatchalam Alias Sumangali Sampathi v. V.K. Raman

ORDER This petition has been filed to set aside the order dated 31.01.2023 made in I.A.No.5 of 2022 in OS.No.66/2021 passed by the learned 2nd Additional District Court, Trichy.

2.The petitioners are the defendants before the 2nd Additional District Court, Trichy in O.S.No.66 of 2021. The suit has been filed to recover a sum of Rs.1,75,10,000/- together with the interest at the rate of 1.5% from the date of filing of the petition and for other incidental relief.

3.In the aforesaid suit, the respondent has filed several documents including the unregistered lease agreement dated 02.03.2020 which were marked by the Trial Court. The petitioner appears to have filed I.A.No.4 of 2022 to scrap these documents as they are under stamped and cannot be admitted as evidence. However, the said application was dismissed by the Trial Court on 24.02.2022. The petitioners have not taken any steps to reverse the decision of the Trial Court in I.A.No.4 of 2022. The petitioners had simultaneously filed I.A.No.5 of 2022 under Order 7 Rule 11 of CPC to reject the plaint on the ground that the documents are not properly stamped and therefore, the plaint filed by the respondent was liable to be rejected.

4.I am considered the argument advanced by the learned counsel for the petitioners.

5.The relevant portion of the impunged order dated 31.01.2023 reads as under:- "11.,e;j tHf;if bghWj;jtiuapy;> Vw;fdnt th.rh.M. 1 kw;Wk; 2 Mtzq;fis bghWj;J tphpthd xU cj;jut[ gpwg;gpf;fg;gl;oUf;fpwJ. th.rh.M.1> 2 Mtzq;fs; FwpaPL bra;ag;gl;Ls;sJ. Ke;ija cj;jutpy; mjid bghWj;J tphpthf Muhag;gl;Ls;sJ. nkw;go Mtzq;fs; FwpaPL bra;ag;gl;Ls;sjw;fhf tHf;F epUgpf;fg;gl;Ls;sjhf Kot[ bra;a ,ayhJ. tHf;fpd; tprhuiz vd;gJ ,U jug;gpYk; rhl;rpa rhd;whtzq;fs;

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Kiwahf gjpt[ bra;ag;glhkYk;> Kiwahf Kj;jpiuf; fl;lzk; brYj;jg;glhkYk; cs;sjhy; mit Vw;fj;jjf;fjy;y vd;Wk;> mtw;wpd; fPH; jhf;fy; bra;Js;s tHf;Fk; epuhfhpf;fj;jf;fJ vd;Wk; nfhhpa[s;s ghpfhuk; kDjhuh;fSf;F fpilf;fj;jf;fjy;y. Vbddpy;>

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Mtzq;fis bghWj;J ,ilepiy kD vz;.4/2022-y; tphpthf cj;jut[ gpwg;gpf;fg;gl;Ls;s epiyapy;> th.rh.M.1 kw;Wk; 2 Mtzq;fs; rl;lg;goahdJ my;y> mit Kiwahf gjpt[ bra;ag;gltpy;iy kw;Wk; Kiwahf Kj;jpiuf; fl;lzk; brYj;jg;gltpy;iy vd;w fhuzq;fSf;fhf tHf;if epuhfhp;f;ff; nfhUk; ghpfhuk; ,e;j kDtpy; fPH; kDjhuh;fSf;F fpilf;fj;jf;fjy;y vd;Wk;> kDjhuh;fs; mjw;F jdpahf kD jhf;fy; bra;J ghpfhuk; njof; bfhs;s mwpt[Wj;jpa[k;> ,e;j kDtpy; me;j Mtzq;fis bghWj;J ve;j Kot[k; bra;a ,ayhJ vd;Wk; Kot[ fhzg;gLfpwJ. Vdnt> kDjhuh;fs; nfhhpa[s;s ghpfhuk; fpilf;fj;jf;fjy;y vd;W Kot[ bra;ag;gLfpwJ.'

6.The law on the subject regarding rejection of plaint is well settled. The Court is not expected to look into the evidence or the defence of the defendant in the written statement and that the Court is required to see whether the plaint fails to comply with the requirement and attracts the sting under Order VII Rule 11 of CPC.

7.In my view, the Trial Court has not committed any error in dismissiong the application filed for rejecting the plaint. Merely because the documents that were relied upon by the respondent/plaintiff were unstamped/unregistered, ipso facto, would not mean the plaint can be rejected at the threshold or at any stage. A properly instituted suit cannot be allowed to be scuttled by filing an application under Order VII Rule 11 of CPC. The present Civil Revision Petition is therefore liable to be dismissed. It is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

31.03.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss To

1.The 2nd Additional District Court, Trichy.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN,J. dss and CMP(MD)No.4098 of 2023

31.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN and CMP(MD)No.4098 of 2023 1.S.Bhaktavatchalam @ Sumangali Sampath 2.B.Santhi ... Petitioners 1 &2/Petitioners 1 &2/ Defendants 1 and 2 Vs. V.K.Raman ... Respondent/Respondent/Plaintiff PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to call for the records and set aside the order dated 31.01.2023 made in I.A.No.5 of 2022 in OS.No.66 of 2021 passed by the learned 2nd Additional District Court, Trichy and allow the above Civil Revision Petition. For petitioners : Mr.B.Jameel Arasu