P.Chandrasekar v. R.Loganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI P.Chandrasekar

...Petitioner

Vs.

1.R.Loganathan 2.M/s.Aadhar housing Finance Limited, (formerly known as M/s.DHFL VYSYA Housing Finance Limited), Represented by its Authorised Signatory, No.382C, Maniam Corner, D.B.Road, Coimbatore - 641 002.

3.M.Ravivarman 4.C.Prabhakaran 5.Pattukani 6.P.Murugesan

...Respondents

Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the order of the learned Principal District Judge, Coimbatore made in O.S.CFR.No.7201 of 2025 dated 29.04.2025.

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For Petitioner : Mr.C.Anbu

ORDER

The present revision petition has been filed challenging the order dated 29.04.2025 in and by which the plaint has been rejected, even at the numbering stage. This Court, in Selvaraj Vs. Koodankulam Nuclear Power Plant India Limited, reported in 2021 3 LW677, has issued directions to Trial Courts with regard to dealing with suits at the registration stage i.e., at the stage of numbering. The Trial Court is exercising only a ministerial act and not a judicial act. At the stage of numbering the suit, the plaintiff cannot be non-suited, by passing an order rejecting the plaint.

2. In the light of the above, I am inclined to set aside the order of Principal District Court, Coimbatore dated 29.04.2025. The learned Principal District Judge shall number the suit, if it is otherwise in order and it shall be open to the defendants to file any application seeking rejection of the plaint under Order 7 Rule 11 of CPC, if they are so advised. 2/4

3. This Civil Revision Petition is allowed. No costs. 12.09.2025 Index : No Internet : Yes jas To The learned Principal District Judge, Coimbatore. 3/4

P.B.BALAJI.J, jas 12.09.2025 4/4