IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN C.R.P.No.3119 of 2009 and M.P.No.1 of 2009 K.Dayalan .. Petitioner. Versus C.Ramesh .. Respondent. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to call for the records of the suit filed in O.S.No.5082 of 2009, on the file of the learned XIII Assistant Judge, City Civil Court, Chennai and reject the same with costs. For Petitioner : Mr.K.S.Ganesh Babu For Respondent : No Appearance O R D E R This civil revision petition has been filed, praying that this Court may be pleased to call for the records relating to the suit, in O.S.No.5082 of 2009, on the file of the learned XIII Assistant Judge, City Civil Court, Chennai, and reject the same, with costs. 2. The main contention of the learned counsel for the petitioner is that the plaintiff in the suit, who is the respondent herein, has no cause of action to file the said suit. The suit has been filed by the respondent praying for a permanent injunction to restrain the defendant from receiving the retirement benefits from the Dean of the Veternary College, Chennai, till C.A.No.218 of 2008 and O.S.No.8287 of 2008, is disposed of on merits. 3. The learned counsel had also stated that the suit is clearly a frivolous one and vexatious in nature, as it has been filed only to harass the defendant in the suit, who is the petitioner in the present civil revision petition. It is an abuse of the process of law, as it is a flagrant misuse of the jurisdiction of the trial Court. Hence, it has been prayed that the suit may be rejected. 4. In view of the averments made in the present petition and in view of the submissions of the learned counsel appearing for the petitioner and on a perusal of the records available, this Court is of the view that it may be open to the petitioner to invoke Order VII Rule 11 of the Civil Procedure Code, 1908, to reject the plaint in the suit, in O.S.No.5082 of 2009, filed by the respondent, on the file of the XIII Assistant Judge, City Civil Court, Chennai. Instead the petitioner has invoked the jurisdiction of this Court, under Article 227 of the Constitution of India. In such view of the matter, the civil revision petition is dismissed. However, it goes without saying that it would be open to the petitioner to approach the XIII Assistant Judge, City Civil Court, Chennai, for appropriate reliefs, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Index:Yes/No 12-03-2010 Internet:Yes/No csh To The XIII Assistant Judge, City Civil Court, Chennai. M.JAICHANDREN J. csh C.R.P.No.3119 of 2009 12-03-2010