K.Nandagopalan v. P.L.Kuppusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.1642 of 2025 K.Nandagopalan ... Petitioner Vs.

1.Mr.P.L.Kuppusamy 2.Mr.Susheel Kumar 3.Mrs.Meera Kumari 4.Mr.S.Bharath Kumar 5.Mr.Sunil Bishnoi 6.K.Shanthi 7.K.Kothandapani 8.The LIC Housing and fiance Ltd.

Rep. by authorized person Regional & Black office Harrington Chambers, Block-C, No.30/1A, Abdul Razack 1st Street Saidapet, Chennai -600015.

... Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the 1/4

Constitution of India to set aside the docket order dated 14.02.2025 passed by the Honourable City Civil Court, Chennai in unnumbered in plaint OS.SR.No.689/2025 and direct the Honourable City Civil Court, Chennai to number the plaint and take same on file.

For Petitioner : M/s.V.Manoharan

O R D E R

The above Civil Revision Petition is filed to set aside the docket order dated 14.02.2025 passed by the learned City Civil Judge, Chennai in an unnumbered plaint OS.SR.No.689/2025 and direct the learned City Civil Judge, Chennai to number the plaint and take same on file.

2. Heard the learned counsel for the petitioner and perused the records.

3. A perusal of the impugned order would show that the learned Judge has totally failed to appreciate that the suit was still at the numbering stage and was therefore before him for the exercise of the administrative jurisdiction vested upon him rather than being before him in his judicial capacity.

4. When the matter is at the numbering stage, the learned Judge is 2/4

expecting to only verify as to whether the plaint conforms to the prescribed form, cause of action has been pleaded, court fee has been properly affixed and reliefs have been properly claimed. The Presiding Officer is not expected to verify the title of the plaintiff to the property which exercise can be done only when the suit is numbered and listed before him. In this case, the learned Judge has exceeded his remit and therefore the docket order dated 14.02.2025 is set aside and the learned learned City Civil Judge, Chennai is directed to number the plaint.

5. Accordingly, the Civil Revision Petition stands allowed. No costs. 21.04.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The City Civil Court, Chennai 3/4

P.T. ASHA . J., (shr) CRP.(PD).No.1642 of 2025 21.04.2025 4/4