Madras High Court
CRP/6024/2026 of R.Kesavan Vs Kanniammal alias Kannika on 29 September 2026
CRP No. 6024 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6024 of 2026
and
CMP No.26097 of 2026
CNR:{HCMA012063302026}
1.R.Kesavan
2. R.Harikrishnan
Petitioner(s)
Vs
Kanniammal alias Kannika
Respondent(s)
PRAYER
Petition filed under Article 115 of Cr.PC., to set aside the order dated 10.02.2026 passed in I.A.No.04 of 2025 in O.S.No.271 of 2025 by the learned Sessions Judge, Mahila Court,Chengalpattu.
For Petitioner(s):
Mr.C.Deivasigamani
For Respondent(s):
Mr.N.Sivaprakash
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CRP No. 6024 of 2026
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ORDER
This Civil Revision Petition has been filed under Section 115 of CPC, against the fair and decreetal order passed in I.A.No.04 of 2025 in O.S.No.271 of 2025, dated 10.02.2026, on the file of the learned Sessions Judge, Mahila Court, Chengalpattu. wherein the petitioners/defendants filed an application under Order VII Rule 11(a) of CPC, for rejection of plaint came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondent.
3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.
4. The respondent is the plaintiff who filed the suit in OS.No.271 of 2025, seeking for the relief of declaration of title and permanent injunction.
5. The petitioners who are defendants filed IA.No.4 of 2025, mainly on the ground that there is no cause of action for filing the present suit since the
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CRP No. 6024 of 2026 plaintiff has concealed vital fact of the notice that was issued by the petitioners and the said notice not form in part of the list of documents filed by the plaintiff.
6. The Court below while dealing with the application came to a conclusion that the grounds that have been raised by the petitioners for rejection of plaint requires deeper consideration on facts and the said exercise cannot be done in the application filed for rejection of plaint. The Court below also convinced itself on a reading of the plaint that the cause of action has been pleaded and the Court cannot hold that there is no cause of action based on the grounds that have been raised by the defendants in the application filed for rejection of plaint.
7. The order passed by the Court below does not suffer from any perversity warranting the interference of this Court in exerecise of its jurisdiction under Section 115 of Cr.PC. All the grounds that have been raised by the petitioners can be raised before the Court below while the Court below deals with the suit on merits after recording the evidence and the same can be considered on its own merits and in accordance with law. The order passed by the Court below and the order that has been passed in the present CRP will not have any bearing while the Court below decides the suit on merits.
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CRP No. 6024 of 2026
8. In the result, the order passed by the Court below in IA.No.4 of 2025 in O.S.No.271 of 2025, dated 10.02.2026, on the file of the learned Sessions Judge, Mahila Court, Chengalpattu, is hereby confirmed and this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 29-09-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 6024 of 2026 To Sessions Judge, Mahila Court,Chengalpattu.
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CRP No. 6024 of 2026 N.ANAND VENKATESH J. kp CRP No. 6024 of 2026
29-09-2026
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