PAUL MARIE JOSEPHINE Vs. LOUISE VICTORINE ESPERANCE LAFONTAINE
HIGH COURT OF MADRAS
Paul Marie Josephine
Louise Victorine Esperance Lafontaine
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(1.) The present Civil Revision Petition has been filed, invoking Article 227 of the Constitution of India to strike the suit proceedings in O.S.No.141 of 2016, pending on the file of the learned III Additional District Judge, Puducherry.
(2.) Heard Mr.T.P.Manoharan, learned Senior counsel for the petitioner and Mr.K.Sasindran, learned counsel appearing on behalf of the respondent.
(3.) Mr.T.P.Manoharan, learned Senior counsel for the petitioner predominantly raised a ground that the plaint averments do not constitute a cause of action and therefore, the suit proceedings are liable to be struck down. According to the learned Senior counsel, an overall reading of the plaint, do not establish the allegation of fraud played in the execution of the Sale Deed dated 22.07.2005. The vague allegations of fraud averred in the plaint are illusionary, averred through clever drafting and therefore, the plaint is liable to be struck down. It is his further submission that the suit for declaration that the sale deed is null and void, preferred after a period of 11 years, is barred under Article 59 of the Limitation Act and since the suit is ultimately bound to be dismissed on the ground of limitation, this Court should exercise its powers under Article 227 of the Constitution of India and strike off the suit proceedings. The learned Senior counsel also submitted that since the suit proceedings are vexatious, the same amounts to an abuse of process of law and therefore is liable to be strike off on this ground also.;
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