Madras High CourtCRP(MD)/410/2020disposed of

Stephen Selvaraj v. Thomas

2020-03-13Honourable Mrs Justice R. Tharani2 pages

C.R.P.(PD)(MD)No.410 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13.03.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.R.P.(PD)(MD)No.410 of 2020 Stephen Selvaraj ... Petitioner/Plaintiff Vs.

1.Thomas 2.Ramapandi 3.Murugan 4.Reegan Athisayam 5.Rajendran ... Respondents/Defendants Prayer : This Civil revision petition is filed under Article 227 of the Constitution of India, to direct the Principal District Munsif, Vallioor, to number the plaint in Un Numbered O.S.No.... of 2018 in filing O.S.No.135 of 2019 (CNR.No.TNTL080001052019). For Petitioner : Mr.V.Meenakshisundaram

ORDER

This petition has been filed to direct the Principal District Munsif, Vallioor to number the plaint in Un Numbered O.S.No....

of in filing O.S.No.135 of (CNR.No.TNTL080001052019).

2.On the side of the petitioner, it is stated that though the deed in question, it is a sale deed, it was executed only for collateral purpose and the prayer in the suit is to declare the sale deed as given for collateral purpose. It is stated that the suit was neither numbered nor returned.

3.The document mentioned by the petitioner is a sale deed. Whether the sale deed was given for collateral purpose or for consideration with an intention to create a sale deed cannot be decided by this Court. The petitioner is hereby directed to represent the plaint before the lower Court and the Trial Court Judge is directed to give a Civil Miscellaneous Petition number and decided the maintainability of the suit and to pass orders on https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD)No.410 of 2020 merits within a period of one month from the date of receipt of a copy of this order.

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

5.The Registry is directed to return the original plaint to the petitioner counsel on replacement of the same with photo copies of the same and return the original on acknowledgment forthwith.

Sd/- Assistant Registrar (w) // True Copy // / /2020 Sub Assistant Registrar(CS) dss To The Principal District Munsif, Vallioor.

Copy to The Record Keeper,-2 copies Vernacular Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD)(MD)No.410 of 2020 13.03.2020 KM/(23.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2