Madras High Court
CRP/6246/2026 of Chidambaram.S.N. Vs Rathinam @ Rathinambal on 1 October 2026
CRP No. 6246 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6246 of 2026
and CMP No.26972 of 2026
CNR:{HCMA012272422026}
1.Chidambaram.S.N.
2. Dhivakaran.C
3. Sandosh.C
4. Annakodi.S
5. Thilagavathi Suresh
Petitioner(s)
Vs
1. Rathinam @ Rathinambal
2.Thulasimani
3.Komarasamy Gounder
4.M.Alamelu
5.A.A.11.Kasipettai Primary Agricultural Cooperative Credit Society Ltd., Rep by its Secretary, Kaspapettai, Modakurichi Taluk to Kaspapettai Road, Erode 115
6.Canara Bank
Gangapuram Branch, Rep by its Branch
Manager Beside Sakthi Hospital,
Mamarathupalayam, Gangapuram,
Erode -638004.
Respondent(s)
CRP No. 6246 of 2026
PRAYER
Petition filed under Article 227 of the Constitution of India, to strike off the suit in OS No.446 of 2025 pending on the file of the Principal District Judge, Erode.
For Petitioner(s):
Mr.P.Valliappan
Senior Counsel
for M/S.PV Law Associates
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to strike off the plaint in OS No.446 of 2025, on the file of the Principal District Judge, Erode.
2. Heard the learned counsel for the petitioner. This Court carefully perused the materials available on record.
3. This Civil Revision Petition has been filed mainly on the ground that the suit itself is not maintainable, since it challenges a partition deed dated 08.06.1990 by filing the suit in the year 2025 and the plaintiff wants to disregard the partition deed through which the properties have already been partitioned and dealt with by the parties.
4. In the considered view of this Court, taking note of the judgment of the Apex Court in 2026 SCC OnLine SC 143, this Court is of the view that the issue regarding the bar of the suit under law of limitation is a ground that can be taken by filing an application for rejection of plaint under Order VII Rule 11 of
CRP No. 6246 of 2026 CPC. Hence, liberty is granted to the petitioner to file an application before the Court below and the same will be dealt with on its own merits and in accordance with law.
5. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 01-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To
1. Principal District Judge, Erode.
2. Canara Bank Gangapuram Branch, Rep by its Branch Manager Beside Sakthi Hospital, Mamarathupalayam, Gangapuram, Erode 4.
CRP No. 6246 of 2026 N.ANAND VENKATESH J. kp CRP No. 6246 of 2026
01-10-2026