CRP/5118/2026 of P.Sathish Kumar Vs Chitra Shree on 5 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05-06-2026 passed by learned I Additional District Judge, Coimbatore, in I.A.No.6 of 2026 in O.S.No.491 of 2019, wherein the application filed by the respondent/defendant under Section 151 CPC to conduct joint trial, came to be allowed by the Court below.

2. Heard learned counsel for the petitioner and learned counsel for respondent and carefully perused the materials available on record. This Court also went through the order passed by the Court below.

3. The petitioner is the plaintiff, who filed the suit in O.S.No.491 of 2019 seeking for the relief of recovery of money on the ground that the respondent/defendant has borrowed the amount and did not repay the amount. In this suit, pleadings were complete and the case is at the stage of trial. The petitioner/plaintiff had also approached this Court and filed C.R.P.No.5324 of 2025 seeking for early disposal of the suit and this Court, by order dated 31.10.2025, directed the suit to be disposed of expeditiously.

4. The respondent seems to have filed a suit in O.S.No.355 of 2026 seeking for recovery of money against the petitioner/plaintiff on the ground that there is arrears of rent payable by the petitioner/plaintiff and also the respondent/defendant sought for compensation and damages for illegal occupation. This suit is at the stage of pleadings.

5. The respondent/defendant filed I.A.No.6 of 2026 in O.S.No.491 of 2019 before the Court below for conducting joint trial in both suits. The Court below allowed the application and directed joint trial of the suit in O.S.No.355 of 2026 along with O.S.No.491 of 2019. Aggrieved by the same, the present revision has been filed before this Court.

6. In the considered view of this Court, the cause of action for filing the suit in O.S.No.491 of 2019 is completely different from the cause of action for which the suit was filed in O.S.No.355 of 2026. In the former, the cause of action was the alleged loan transaction and in the latter, it was for the alleged recovery of arrears of rent, compensation and damages. By no stretch, these suits can be tried jointly. In any event, the suit was filed by the petitioner/plaintiff in the year 2019 and the case was at the stage of trial and PW-1 had already been cross-examined and this Court had also directed the suit to be disposed of expeditiously. In such circumstances, the respondent/defendant filed a suit in the year 2026 and filed an application for joint trial. This fact was not taken into consideration by the Court below and the Court below mechanically passed the order for joint trial. The order passed by the Court below suffers from perversity warranting interference of this Court and accordingly, the same is hereby set aside. In the result, the Civil Revision Petition is allowed and there shall be a direction to the I Additional District Judge, Coimbatore, to dispose of the suit in O.S.No.491 of 2019 within a period of three (3) months from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm/aj

N.ANAND VENKATESH, J. gm/aj To The I Additional District Judge, Coimbatore. Civil Revision Petition No.5118 of 2026 05-10-2026