Bernathmary v. Suvakkin

ORDER The petitioners are the defendants in O.S.No.9 of 2022 before the Sub-Court, Ramanathapuram. The suit has been filed by the respondent for Rs.5 lakhs towards damage suffered, on account of alleged defamation of the respondent by the petitioners herein. The allegation in the plaint appears to be that the petitioners have given a false complaint before the District Registrar, Ramanathapuram, against the respondent/plaintiff, on 12.08.2021 for having committed fraud by registering sale deed.

2.In the suit, the petitioners have filed I.A.No.391 of 2022 to reject the plaint under Order 7 Rule 11 of C.P.C., on the ground that the suit was premature as the complaint given by the petitioner against the respondent on 12.08.2021, was yet to be decided by the authority. It is submitted that, therefore, there is no cause of action as on date of presentation of the plaint. It is submitted that the Trial Court has however dismissed the application filed for rejection of the complaint.

3.I have considered the rival submission made by the learned counsel for the petitioners and the cause of action in para 5 of the plaint reads as under: "V.tpah$;$paK:yk; thjp ,uhkehjg[uk; khtl;lk; KgtJk; ew;bgaUld; thH;e;J tUk; fhyk; KjYk; ,e;j thjpapd; kPJ mtJ}whd tptuq;fis Fwpg;gpl;L gpujpthjpfs; 12.08.2021k; njjp ,uhkehjg[uk; khtl;l gjpthsh; mth;fsplk; g[fhh; kD mspj;j fhyk; KjYk; nkw;go g[fhh; kDtpd; efy;fis ,uhkehjg[uk; lt[dpYk; thjpapd; ChpYk; gpujpthjpfs; tpepnahfk; bra;j fhyk; KjYk; nkw;go tptuk; bjhpe;J Chpy; cs;s egh;fs; thjpfsplk; nfl;l fhyk; KjYk; thjpf;F Vw;gl;l kd cisr;ry; kw;Wk; khd e\;lj;jpw;F thjp gpujpthjpfs; e\;l <L brYj;j nfhhp jdJ ml;tnfl; K:yk; mwptpg;g[ mDg;gpa

21.11.2021-k; njjp KjYk; nkw;go mwptpg;gpid gpujpthjpfs; bgw;Wf;bfhz;l fhyk; KjYk; bjhlh;e;J e\;l <L bjhifia gpujpthjpfs; brYj;jhky; ,Ue;J tUk; fhyk; KjYk; mjw;F rK:fk; ePjpkd;w mjpfhu tuk;gpw;F cl;gl;l ,uhkehjg[uk; lt[dpy; tpah$; $pa K:y cw;gj;jp>

4.Para IV-3 of the plaint, which reads as under: "IV.gpuhJ tpguk;

3.,e;epiyapy; gpujpthjpfs; ,e;j thjp nkhroahf fpiua Mtzk; cw;gj;jp bra;Js;shh; vd;Wk; ,e;j thjpia nkhro ngh;tHp

vd;gJ

nghy;

rpj;jhpj;J

12.08.2021-k; njjp ,uhkehjg[uk; khtl;l gjpthshplk; g[fhh; kD xd;W mspj;Js;shh;. nkw;go g[fhh; kDtpd; efypid ,uhkehjg[uk; gFjpapYk; kw;Wk; thjpapd; brhe;j Cuhd rnthpah; gl;odk; fpuhkj;jpYk; gpujpthjpfs; gy;ntW egh;fSf;Fk; tHq;fpa[s;shh;."

5.A reading of the above passages from the plaint indicates that it cannot be stated that the plaint filed by the respondent/plaintiff does not disclose any cause of action against the petitioner for damages. Whether the respondent is not entitled for the relief based on the alleged cause of action or not, is a matter to be decided only after the trial. Merely because, the complaint filed by the petitioners against the respondent before the District Registrar, Ramanathapuram, on

12.08.2021, is yet to be disposed of cannot be a ground to construe that the suit is premature. Therefore, there is no merit in the present Civil Revision Petition, challenging the impugned order dismissing the application filed under Order 7 Rule 11 of C.P.C., to reject the plaint. Accordingly, the Civil Revision Petition is dismissed.

6.The petitioner is directed to file a written statement if the written statement has already not been filed within days of this order. The Court shall proceed with the trial in the suit and dispose of the same, as expeditiously as possible preferably, within a period of fifteen(15) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2023 Ns To:

1.The Subordinate Court, Ramanathapuram.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

C.SARAVANAN, J. NS and C.M.P.(MD)No.6883 of 2023

16.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.6883 of 2023 1.Bernathmary 2.Valan Anbarasan 3.Raja Jeyaseelan ...Petitioners/Petitioners/Defendants2to4 -Vs- Suvakkin ... Respondents/Respondent/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 22.02.2023 made in I.A.No.391/2022 in O.S.No.09/2022 on the file of the Subordinate Court, Ramanathapuram. For Petitioner : Mr.PT.S.Narendravasan