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Madras High CourtCRP/2153/2025disposed of

Muthusamy v. Subramaniam

2025-06-06Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI C.R.P.No.2153 of 2025 Muthusamy ... Petitioner Vs.

1.Subramaniam 2.Palanisamy 3.Swarnathal 4.Periyasamy 5.Malaiyappan 6.Kalavathi 7.Menniyappan 8.Janaki ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the District Munsif Court, Tirppur to number the UN.O.S.No.(CFR No.1142) of 2025 on the file of the learned District Munsif Court, Tiruppur by allowing the present revision petition. For Petitioner : Mr.C.Ramaraj 1/4

ORDER

The Civil Revision Petition is filed on a very limited ground seeking a direction to the District Munsif Court, Tiruppur, to number UN.OS.No.(CFR.No.1142) of 2025.

2.The grievance of the petitioner is that despite compliance of returns on every occasion, the learned Judge has not numbered the suit. 3.I have gone through the returns and also the compliances made. If at all the Court entertains any serious doubt with regard to the maintainability of the suit or the prayer, then it shall be incumbent on the Court to post the matter for maintainability and hear the learned counsel instead of repeatedly returning the plaint through the Registry. This practice is certainly not healthy.

5.In the light of the above, this Civil Revision Petition is disposed of, directing the revision petitioner to represent the suit in UN.OS.No.(CFR No.1142) of 2025 within a period of one week from the date of receipt of a 2/4

copy of this order and if the Court is not satisfied with the compliances and explanations offered by the plaintiff, then the District Munsif Court, Tiruppur, shall post the matter for maintainability, hear the learned counsel for the plaintiff and thereafter, pass judicial order within a period of two weeks. Since the petitioner has filed the original plaint before this Court, the Registry is directed to return the same to the learned counsel for the plaintiff, after getting an acknowledgment. It is suffice for the petitioner to file a memo in this regard. There shall be no order as to costs. 06.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No Internet : Yes / No ata To The District Munsif Court, Tiruppur.

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P.B. BALAJI,J.

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