P.C.Nirmala v. Department Of Posts
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2026
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.P.C.Nirmala 2.P.C.P.Nathan ... Petitioners vs.
1.Department of Posts, Sr. Superintendent of Post Officer, Chennai City North Division, Chennai - 600 008.
2.Department of Post - India, The Postmaster General, Chennai City Region, Chennai - 600 002.
3.Department of Post - India The Chief Postmaster General Tamil Nadu Circle, Chennai - 600 002.
4.Government of India, Rep. by Secretary Department of Post, Dak Bhavan, New Delhi - 110 001.
... Respondents 1/6
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 16.10.2025 passed in O.S. (S.R).No.6401 of 2025 by the learned 1st Additional Judge, City Civil Court, Chennai, consequently direct the Registry to number the suit. For Petitioners : Mr.R.Raman Laal
O R D E R
The Civil Revision Petition is filed challenging the order passed by the 1st Additional Judge, City Civil Court, Chennai in O.S.(SR).No.6401 of 2025, dated 16.10.2025 returning the plaint presented by the petitioners seeking recovery of arrears of rent.
2. A perusal of the impugned order of return would indicate that the plaint was returned on the following two grounds:- (i) The suit for recovery of arrears of rent filed by the petitioners is in respect of rental agreement concerning a commercial premises and 2/6
therefore, the dispute will come under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.
(ii) Secondly, the Trial Court raised the question of limitation.
3. The learned counsel appearing for the petitioners would submit that as far as first objection raised by the Trial Court is concerned, he has no objection and the plaint shall be presented before the jurisdictional Commercial Court. The learned counsel appearing for the petitioners has got certain grievance only in respect of the second objection raised by the Court while returning the plaint.
4. In view of the statement made by the learned counsel for the petitioners that he has no grievance in respect of the first objection, the petitioners have to represent the plaint before the Proper Forum having jurisdiction.
5. As far as second objection in respect of limitation is concerned, the petitioners shall give their explanation and the same shall be considered on merits and in accordance with law by the Court before which the plaint is 3/6
represented. The petitioners are given two weeks time from the date of receipt of copy of this order, to represent the papers before the concerned Commercial Court.
6. With this clarification, the Civil Revision Petition is disposed of. No costs.
26.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm Note: The Registry is directed to return the original plaint in O.S.SR.No.6401 of 2025 to the learned counsel for the petitioners, after obtaining necessary endorsement. 4/6
To 1.The 1st Additional Judge, City Civil Court, Chennai.
2.Sr. Superintendent of Post Officer, Department of Posts, Chennai City North Division, Chennai - 600 008.
2.The Postmaster General, Department of Post - India, Chennai City Region, Chennai - 600 002.
3.The Chief Postmaster General Department of Post - India Tamil Nadu Circle, Chennai - 600 002.
4.Secretary Government of India, Department of Post, Dak Bhavan, New Delhi - 110 001.
5/6
S.SOUNTHAR, J.
dm 26.02.2026 6/6