R.Arumugam v. Nivasekumari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5411 of 2025

1. R.Arumugam S/o. P.R.Raja, Keel, Street, Kasinayaganpatti Village, Tirupattur Taluk and District.

Petitioner(s) Vs

1. Nivasekumari W/o. C.M.Raja, Keel Street, Kasinayaganpatti Village, Tirupattur Taluk and District.

2.C.M.Raja Keel, Street, Kasinayaganpatti Village, Tirupattur Taluk and District.

Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to direct the Sub Ordinate Court, Tirupattur to number the unnumbered Interim Application of 2025 in OS No. 399 of 2023 seeking to return the original documents, namely serial number 6 to 9 filed along with the plaint in OS No. 399 of 2023.

For Petitioner(s):

Mr. R.Rajarajan

ORDER

This civil revision petition is filed seeking a direction to the Trial Court to number the interlocutory application SR No.1358 in O.S.No.399 of 2023 filed by the petitioner.

2. The petitioner herein/plaintiff filed a suit for declaration and injunction. Pending suit, he filed an I.A., seeking return of plaint documents 6 to 9 and the same was returned by the Trial Court on 16.04.2025, pointing out the following defects.

i. Other side notice to be given.

ii. Age of the plaintiff and defendant to be mentioned. The plaintiff re-presented the papers on 30.04.2025 before the Trial Court, again it was returned on the same date, stating that previous defect was not complied with.

3. A perusal of the returned papers filed along with the typed set of papers would indicate that, age of the respective parties were mentioned in the petition. Therefore, the second ground in the return is complied with. As far as the first ground is concerned, the petitioner has not produced any acknowledgment for having served notice on the other side. Therefore, the petitioner is directed to produce proper acknowledgment for having served notice on the other side and re-present the papers along with acknowledgmet, within two weeks from the

date of receipt of copy of this order. If the Trial Court is satisfied with the service of notice on the other side, it shall number the interlocutory application and dispose of it in accordance with law.

4. With the above direction, this civil revision petition is disposed of. There shall be no order as to costs. Registry is directed to return the original I.A.Sr 1358 papers to the counsel for the petitioner. 06.11. 2025 Internet: yes Index: Yes/No MST To The Subordinate Judge, Tirupattur.

S.SOUNTHAR J.

MST CRP No.5411 of 2025 06.11.2025