R A BASHA Vs. CHAGANLAL B PATEL

JUDGEMENT

(1.) This Civil Revision Petition is a classic example as to how the litigants are misusing the justice delivery system and contributing substantially to the Himalayan arrears in the Civil Courts.

(2.) The challenge in this Civil Revision Petition is to the order and decreetal order dated 04 January, 2014 in I.A.No.213 of 2013 in O.S.No.440 of 2012 on the file of the learned Third Additional Subordinate Judge, Coimbatore, dismissing the application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint.

(3.) The property, which is the subject matter of the civil suit in O.S.No.440 of 2012, absolutely belongs to the petitioner and his brother. The respondent is stated to be a tenant in respect of a portion of the property. The petitioner filed eviction petition in R.C.O.P.No.178 of 2002 before the learned First Additional District Munsif, Coimbatore, seeking eviction. The respondent was arrayed as third respondent in the Rent Control Original Petition. The learned Rent Controller allowed the eviction petition by order dated 17 July, 2008. There was no appeal preferred against the said order by the respondent.