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2026 DAILYLAW 55972 (MAD)

Johnson David Rajasekaran v. James Arul Raghaviah

CRP/4202/2026 · 2026-07-24

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 4202 of 2026 ____________ Page No.1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 4202 of 2026 AND CMP NO. 18330 OF 2026 1. Johnson David Rajasekaran 2. Chandra Rajasekaran 3. Surekha 4. Nirmala John ... Petitioners Vs James Arul Raghaviah ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to Strike Out the pleadings of the suit in O.S.No.742 of 2026, pending on the file of V Assistant City Civil Court, Chennai and allow the CRP. For Petitioners : Mr.S.Udhaya Kumar For Respondent : Notice dispensed with ORDER This Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking to strike off the suit in O.S.No.742 of 2026, pending on the file of the V Assistant City Civil Court, Chennai. https://www.mhc.tn.gov.in/judis CRP No. 4202 of 2026 ____________ Page No.2 of 4 2. Since no adverse order has been passed against the respondent in this revision, notice to the respondent in this revision is dispensed with by this Court. 3. According to the petitioners, the suit filed by the respondent/plaintiff is a frivolous, vexatious and is an abuse of process of Court. On that ground, this Civil Revision Petition has been filed under Article 227 of the Constitution of India. The law is now well settled by a recent decision of the Hon’ble Supreme Court in the case of P.Suresh Vs. D.Kalaivani & Ors. reported in 2026 SCC OnLine SC 143, wherein is has been made clear that a revision filed under Article 227 of Constitution of India to strike out the entire plaint is not maintainable, when there is an alternate remedy available to the petitioner under the Code of Civil Procedure for rejection of plaint under Order VII Rule 11 CPC. 4. In view of the aforesaid decision, this Civil Revision Petition is not maintainable. Accordingly, this Civil Revision Petition is disposed of by granting liberty to the petitioners to file an application under Order VII Rule 11 https://www.mhc.tn.gov.in/judis CRP No. 4202 of 2026 ____________ Page No.3 of 4 CPC before the V Assistant City Civil Court, Chennai seeking rejection of plaint filed in O.S.No.742 of 2026 and the said court shall consider the said application as and when it is filed, on merits and in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The V Assistant City Civil Court, Chennai. https://www.mhc.tn.gov.in/judis CRP No. 4202 of 2026 ____________ Page No.4 of 4 ABDUL QUDDHOSE J. sp CRP No. 4202 of 2026 AND CMP NO. 18330 OF 2026 24-07-2026 https://www.mhc.tn.gov.in/judis