Facts
The Respondents (Plaintiffs) filed a suit (O.S. No. 35 of 2022) seeking a permanent injunction and a declaration that a Cancellation Deed dated October 04, 2017, is null and void.
Source reference: p. 2The Plaintiffs alleged they purchased the property via a Sale Deed in 2008 but were forced by the Petitioner (Defendant) to execute the Cancellation Deed under police influence.
Source reference: p. 2-3The Defendant claimed the property was allotted to him in a 1995 family partition and sought to strike off the plaint under Article 227 of the Constitution, arguing the suit lacked a cause of action and was an abuse of process.
Source reference: p. 3Issues
1. Whether the High Court should exercise its supervisory jurisdiction under Article 227 of the Constitution of India to strike off a plaint when a statutory remedy for rejection of the plaint exists under the CPC.
Source reference: p. 6 / para. 122. Whether the plaint in O.S. No. 35 of 2022 discloses a prima facie cause of action requiring a trial.
Source reference: p. 5-6 / para. 10 & 13Law Applied
The Court applied Article 227 of the Constitution of India regarding the High Court's supervisory jurisdiction, noting it must be used sparingly to prevent grave injustice rather than to supplant statutory remedies.
Source reference: p. 6-7It relied on *T. Arivandandam v. T.V. Satyapal* [(1977) 4 SCC 467], which empowers Trial Courts to nip vexatious suits at the bud under Order VII Rule 11 of the CPC.
Source reference: p. 6Furthermore, it followed *K. Valarmathi v. Kumaresan* [2025 SCC Online SC 985], which clarifies that the High Court cannot circumvent the statutory scheme of Order VII Rule 11 CPC by invoking Article 227 to reject a plaint.
Source reference: p. 7-8Reasoning
The Court observed that the Plaintiffs’ pleadings regarding the forcible execution of the Cancellation Deed and their alleged possession of the property provided a prima facie cause of action.
Source reference: p. 5The Court reasoned that the veracity of these claims cannot be determined under Article 227 in the absence of evidence or plaint documents.
Source reference: p. 6It held that if the suit were truly vexatious, the Petitioner’s proper remedy was to approach the Trial Court under Order VII Rule 11 CPC or request the court to examine the parties under Order X CPC.
Source reference: p. 6, 8The High Court emphasized that supervisory jurisdiction should not be used to usurp the original jurisdiction of the Trial Court or to bypass the appellate remedies available against a deemed decree.
Source reference: p. 7-8Holding
The Court dismissed the Civil Revision Petition, holding that there is a triable issue in the suit and trial is necessary.
The Court ruled that Article 227 is not a fit vehicle to strike off the plaint in this instance as the Petitioner failed to utilize the specific statutory provisions available under the CPC.
Source reference: p. 8-9No costs were ordered.
Source reference: p. 9Original Court PDF
P. Thulasipillai v. Manivannan and Another [2026:MHC:787]
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