ABDUL RAHIM Vs. PANDIAN

JUDGEMENT

(1.) THE respondent in I.A.No.814/2002 and plaintiff in O.S.No.184/1999 on the file of the District Munsif Court, Virudhunagar is the revision petitioner. THE revision is directed against the order in I.A.No.814/2002 dated 1.11.2002 as per which the plaint in O.S.No.184/1999 was ordered to be rejected by allowing the said petition.

(2.) THE parties are arrayed as per the rankings in the suit.

(3.) THE learned Counsel for the revision petitioner argued that the previous suit O.S.No.274/94 was for declaration and permanent injunction and the present suit O.S.No.184/99 is for permanent injunction and in view of the fact the defendants attempted to trespass into the suit property on 22.6.99 and as such, under different cause of action and therefore, the rejection of the plaint by allowing the application in I.A.No.814/2002 is improper.