Sakthimurugan v. Ganasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA 1.SAKTHIMURUGAN S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry.

2. GOKULNATH S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry.

3. AMARNATH S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry.

Petitioner(s) Vs 1.GANASEKARAN S/o. Manini, No.5, Nallavadu Street, Thanampalayam, Pondicherry. 2.SEETHA W/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry.

Respondent(s)

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the plaint rejection order dated 06.03.2025 passed in unnumbered O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry.

For Petitioner(s):

Mr.D. Senthil Kumar

ORDER

Aggrieved by the rejection order dated 06.03.2025 passed even without numbering the plaint in O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry, for declaration and recovery of possession, the plaintiff is before this Court.

2.

A mere perusal of the order impugned clearly shows that the learned Judge has proceeded to consider the suit on its merits and has not restricted his scrutiny to the numbering of the plaint and verifying as to whether

the parameters for rejecting the suit exists. The learned Judge has proceeded to analyse the suit as if he is analysing the plaint for dismissing the suit. 3.

This Court has time and again held that the learned Judge while sitting on the judicial side, discharges a purely administrative function. While numbering the suit, the Presiding Officer is only acting on the administrative side and therefore, his jurisdiction is restricted to consider if the pleadings are in order, cause of action has been clearly pleaded, whether court fee has been properly affixed and prima facie if the documents are in order. It is only after the suit gets numbered that the learned Judge exercises his judicial scrutiny on the same.

4.

In the instant case, the learned Judge has passed orders on merits even without numbering the suit and hence, the rejection order dated 06.03.2025 passed in unnumbered O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry, is set aside and the learned Judge is directed to number the suit.

With the above observation and direction, this civil revision petition stands allowed. No costs.

29-04-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: The Registry is directed to return the original plaint to the revision petitioner, if filed along with this civil revision petition.

To 1.GANASEKARAN S/o. Manini, No.5, Nallavadu Street, Thanampalayam, Pondicherry. 2.SEETHA W/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry.

3.The Principal District Judge, Puducherry

P.T.ASHA J.

nsd 29-04-2025