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Madras High CourtCRP/5624/2025disposed of

Valliammal v. Elumalai

2025-11-14Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Valliammal ... Petitioner vs.

1.Elumalai 2.Mangavaram ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to issue appropriate direction to the Court of the Principal District Munsif, Puducherry to entertain the O.S.SR.No.2376 of 2023 plaint filed by the revision petitioner on 15.09.2020 and to number it within a time to be specified by this Court.

For Petitioner : Ms.S.Yogalakshmi for M/s.S.Madhar Khan

O R D E R

The Civil Revision Petition is filed seeking a direction to the Principal District Munsif, Puducherry to entertain plaint filed by the petitioner in O.S.SR.No.2376 of 2023.

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2. The petitioner herein presented a plaint with the prayer seeking declaration of title and for injunction. The suit was valued under Section 25(b) of Puducherry Court Fees and Suits Valuation Act, 1972.

3. The plaint was returned by the Trial Court on 03.11.2020 raising certain objections with regard to the valuation adopted by the petitioner. The petitioner offered his explanation and represented the matter. The plaint has been returned number of times and last return was made on 25.01.2024. Again, the Court below raised objection only with regard to the valuation adopted by the petitioner.

4. If the Court is not satisfied with the valuation adopted by the petitioner, the matter has to be called in open Court, opportunity shall be given to the petitioner and then orders shall be passed on merits. However, the plaint cannot be returned again and again on the same ground. Therefore, the petitioner is directed to represent the returned plaint with her explanation, within a period of two weeks from the date of receipt of copy of this order.

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5. If the Trial Court is not satisfied with the explanation offered by the petitioner/plaintiff, then the Court below must call the matter in open court, hear the plaintiff and pass orders on its own merits.

6. With these directions, the Civil Revision Petition is disposed of. No costs.

14.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm Note:The Registry is directed to return the original plaint in O.S.SR.No.2376 of 2023 to the learned counsel appearing for the petitioner, after getting necessary endorsement. To The Principal District Munsif, Puducherry.

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S.SOUNTHAR, J.

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