- (1.)The revision petitioner herein is the sole defendant in O.S. No. 615 of 2014 on the file of the Principal District Munsif Court, Tenkasi, Tirunelveli District. The respondents herein filed the suit in a representative capacity, and an application under Order 1 Rule 8 of CPC was filed in this regard along with the suit.
(2.)The Trial Court was satisfied that there exists a common interest and notice was issued to the interested parties by way of paper publication and also by proclamation through tom-tom. According to the revision petitioner, the numbering of the suit is bad before deciding the application filed under Order 1 Rule 8 of CPC, and the Trial Court ought not to have taken up the interim application for injunction before deciding the application under Order 1 Rule 8.
(3.)When I.A. No. 2488 of 2014 in O.S. No. 615 of 2014 was filed for interim injunction, the petitioner herein filed a counter affidavit raising all these contentions. The matter was heard and the Trial Court reserved its orders in I.A. No. 2488 of 2014 in O.S. No. 615 of 2015 on 28.01.2015, and it was posted on 07.02.2015 for pronouncing orders in the interim application. While so, no order was passed on 07.02.2015 and the matter was adjourned to 12.02.2015. While so, the present Civil Revision Petition is filed on 09.02.2015 seeking to strike out the plaint, since the suit was entertained without getting permission under Order 1 Rule 8 of CPC. Before numbering the suit, when the Civil Revision Petition came up on 11.02.2015, this Court was not inclined to grant interim order, after hearing at length the learned counsel for the revision petitioner Mr.S.S. Sundar. The petitioner herein filed a memo before the Trial Court that Civil Revision Petition is pending before this Court, on 12.02.2015. In these circumstances, the Trial Court adjourned the matter to 27.02.2015, i.e., the petitioner does not want the order to be pronounced in I.A. No. 2488 of 2014. He is able to achieve this without getting any order from this Court.