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Madras High CourtCRP/2099/2023closed

S.Dhanalakshmi v. S.Nagarajan

2023-07-10Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.Dhanalakshmi .. Petitioner

Versus

S.Nagarajan .. Respondent PRAYER : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Erode, to entertain and take the plaint in unnumbered O.S Filing No.1319 of 2022 and Diary No.13903 of 2022 on its file and number the suit and proceed in accordance with law.

For Petitioner : Mr.R.Prabakar --- 1/4

ORDER

The petitioner has filed the present Civil Revision Petition to direct the Subordinate Court, Erode to entertain and take the plaint in unnumbered O.S Filing No.1319 of 2022 and Diary No.13903 of 2022 on its file and number the suit and proceed in accordance with law.

2. Having regard to the nature of order proposed to be passed in the Civil Revision Petition, which would not cause any prejudice to the Respondent, notice to him is dispensed with.

3. On a perusal of the records, it is seen that the Subordinate Court, Erode has returned the papers on 30.09.2023 in unumbered O.S Filing No.1319 of 2022 and Diary No.13903 of 2022 pointing out certain defects within a period one month and the petitioner herein had failed to comply with the same till 16.02.2023.

4. Taking into consideration the aforesaid fact situation, this Court deems it fit to direct the petitioner to re-present the papers in unnumbered 2/4

O.S Filing No.1319 of 2022 and Diary No.13903 of 2022 after clarifying the defects pointed out by the Subordinate Court, Erode within a period of one week from the date of receipt of a copy of this order and if the same are found to be in order, the Subordinate Court, Erode shall number it and if not, post the same before the Court for determining its maintainability.

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

10.07.2023 kv Index: Yes/No Speaking order/Non-speaking order To

1. The Subordinate Judge, Erode.

2. The Section Officer, V.R. Section, High Court, Madras.

3/4

V.BHAVANI SUBBAROYAN,J.

Kv 10.07.2023 4/4