Madras High CourtCRP/1955/2016disposed of

V. Pourouchothamane, v. Mr. Amaladas,

2016-06-30Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM C.R.P.(PD) No.1955 of 2016 V.Pourouchothamane ... Petitioner Vs.

1.Amaladas 2.Jacob 3.Arul 4.Francis 5.Augustine 6.William 7.I.Soosaimary 8.I.Marianayagam 9.I.Fathima Mary 10.I.Loordu Mary ... Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying for a direction to the learned Principal District Judge, Thiruvallur, to number the suit O.S.S.R.No.2556 of 2016 and to decide the question of limitation during the trial. For Petitioner :

Mr.J.Thilagaraj

O R D E R

This revision has been filed seeking a direction to learned Principal District Judge, Thiruvallur, to number the suit in O.S.S.R.No.2556 of 2016.

2.Heard learned counsel for petitioner.

3.The finding of the Court below in refusing to entertain the plaint on the assumption that the same is barred by limitation, is erroneous. In general, it is not open to the Court below to refuse to entertain the suit on such ground as limitation usually is a mixed question of law and fact. Therefore, this Court directs the learned Principal District Judge, Thiruvallur, to take the plaint on file and proceed in accordance with law.

4.With the above direction, this Civil Revision Petition is disposed of. No costs.

5.Registry is directed to return the plaint to learned counsel for petitioner.

30.06.2016 Index:Yes/No Internet:Yes DP

C.T.SELVAM.J, DP To The Principal District Judge, Thiruvallur.

C.R.P.(PD) No.1955 of 2016 30.06.2016