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Judgment
Honourable Mr. Justice G. Rajasuria
This Civil Revision Petition has been filed to get struck off the suit in O.S. No. 218 of 2011 on the file of the Principal District Munsif cum
Judicial Magistrate, Eraniel. Heard the learned Counsel for the revision petitioner/defendant who would implore and entreat by drawing the
attention of this Court to the averments in the plaint filed by the respondent/plaintiff that in abuse of process of law, the respondent/plaintiff filed the
suit seeking the following relief:
permanent injunction restraining the defendant from restoring the eviction of the plaintiff except by due process of law.
According to the learned Counsel for the revision petitioner/defendant, no suit would lie with such a prayer. When this Court raised a query as
to whether any interlocutory application under Order VII Rule 11(d) of the Code of Civil Procedure, was filed for getting the plaint rejected, he
would submit that since the very suit itself is against law, his client did choose to file this Civil Revision Petition.
I would like to refer to the decision of this Court in Durairaj and others v. Venugopal and another reported in 2012-3-L.W. 807, wherein the
precedents of the Honourable Supreme Court are also found referred to. Straightaway, a litigant cannot, for all and sundry matters, invoke the
jurisdiction of this Court under Article 227 of the Constitution of India. Only in exceptional circumstances, the extraordinary remedy contemplated
under Article 227 of the Constitution of India, can be invoked extraordinarily. If such extraordinary measures are invoked for ordinary
circumstance, then the very purpose of Article 227 of the Constitution of India would get thwarted and watered down. As such, I would like to
dismiss this Civil Revision Petition, with the observation that it is open for the revision petitioner/defendant to file an application under Order VII
Rule 11(d) of the Code of Civil Procedure, which shall be considered by the lower Court untrammelled or uninfluenced by any of the observations
made by this Court in this Civil Revision Petition.
Consequently, the connected Miscellaneous Petition is dismissed. No costs.