A. Lakshmanayagam, S/o. Arumugam v. K. M. Murugan, S/o. Manickam
2026-04-28
T V Thamilselvi
body2026
DailyLaw.ai
ORDER : T.V.THAMILSELVI, J. The revision petitioner / defendants have come forward with the present revision seeking to strike off the plaint in OS No.142 of 2025 on the file of the District Munsif Court, Mettur, Salem, contending that the suit is barred under Section 92 CPC. It is their contention that some of the parties were not properly described in the cause title and that, without obtaining leave under Section 92 CPC, the suit has been filed and therefore the same is barred by law. Hence, according to them, the entire suit proceedings amount to abuse of process of law and they prayed to strike off the plaint. 2. On perusal of the facts, it is seen that the plaintiffs have filed the suit for declaration and permanent injunction in respect of three samathis, along with certain allegations relating to the trust. According to the plaintiffs, the trust was formed in the year 2022 and thereafter disputes arose between the plaintiffs and the defendants. Further, the plaint allegations reveal that for nearly 100 years, people in and around the locality have been worshipping the said temple and that the same is deemed to be a common temple. It is further alleged that the defendants, who belong to a particular sub-class community, recently formed another trust on 22.03.2025, following which disputes arose between the parties regarding the existence and administration of the trusts. 3. Both parties are making allegations against each other. If at all the defendants have any defence, they have to work out their remedy before the trial Court and not by invoking the jurisdiction under Article 227 of the Constitution of India. 4. With the above observations, this Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.