CRP No. 2086 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 2086 of 2026 and CMP.No.9238 of 2026 1. Ramu alias Ramasamy S/o Elumali Naicker, 2. Kala W/o. Ramu alias Ramasamy, ..Petitioner(s) Vs Arumuga Naicker S/o Angusamy Naicker, ..Respondent(s) Civil Revision Petition filed under Article 227 of Constitution of India To strike out the plaint in OS No. 232 of 2025 on the file of the Learned Subordinate Judge, Maduranthakam and thus render justice. For Petitioner(s): Mr.G.Ilamurugu ORDER This Civil Revision petition has been filed under Article 227 of Constitution of India seeking to strike out the plaint filed in O.S.No.232 of 2025, on the file of Sub Court, Maduranthakam. https://www.mhc.tn.gov.in/judis CRP No. 2086 of 2026 __________ Page2 of 4 2. The law is now well settled by the recent decision of the Hon’ble Supreme Court in P.Suresh Vs. Kalaivanai and others reported in 2026 SCC Online SC 143 that the High Court does not have the power under Article 227 of Constitution of India to strike out the entire plaint, when there is an alternative remedy available to the petitioner under the Civil Procedure Code seeking for rejection of plaint under Order VII Rule 11 of Civil Procedure Code. 3. The petitioners are the defendants in the suit O.S.No.232 of 2025, pending on the file of Sub Court, Maduranthakam. The petitioners claim that the suit filed by the respondent/plaintiff is an abuse of process of law. 4. Admittedly, there is an alternative remedy available to the petitioners under Order VII Rule 11 of Civil Procedure Code for rejection of plaint on the said ground. Therefore, as per the decision of the Hon’ble Supreme Court referred to supra, this Civil Revision Petition filed under Article 227 of Constitution of India is not maintainable. Therefore, this Civil Revision Petition is disposed of as not maintainable. But however, this Court grants liberty for the petitioners to file an application under Order VII Rule 11 of C.P.C, before the Sub Court, Maduranthakam, seeking for rejection of plaint filed in O.S.No.232 of 2025 under Order VII Rule 11 of C.P.C. No costs. https://www.mhc.tn.gov.in/judis CRP No. 2086 of 2026 __________ Page3 of 4 Consequently, connected Miscellaneous Petition is closed. 27-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr To The Sub Court, Maduranthakam. https://www.mhc.tn.gov.in/judis CRP No. 2086 of 2026 __________ Page4 of 4 ABDUL QUDDHOSE, J. arr CRP No. 2086 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis CRP No. 2086 of 2026 __________ Page5 of 4 https://www.mhc.tn.gov.in/judis