Madras High CourtCRP(MD)/741/2024disposed of

Priyadharshini v. Prabhav Pathak

2024-03-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.741 of 2024 Priyadharashini ... Petitioner / Plaintiff Vs Prabhav Pathak ... Respondent / Defendant Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records in docket order in unnumbered O.S.No.1360 of 2023 dated 20.04.2023 and direct the Sub Court, Madurai, to number the main case filed by the plaintiff in unnumbered O.S.No.1360 of 2023 on the file of the Principal Sub Court, Madurai, as early as possible and allow this Civil Revision Petition as prayed for.

For Petitioner : Mr.R.Senthilkumar 1/4

ORDER

This Civil Revision Petition is filed to call for the records in docket order in unnumbered O.S.No.SR1360 of 2023 dated 20.04.2023 and direct the Sub Court, Madurai, to number the main case filed by the plaintiff in unnumbered O.S.No.SR1360 of 2023 on the file of the Principal Sub Court, Madurai, as early as possible and allow this Civil Revision Petition as prayed for.

2. The plaint that was filed by the petitioner, came to be returned by the trial Court stating that as per the Document No.3, the matter must be resolved through arbitration.

3. Whatever it may be, returning the plaint on the maintainability ground on the administration side is not proper. On the sole ground, the order dated 20.04.2023 made in unnumbered O.S.No.SR1360 of 2023 by the learned Subordinate Judge, Madurai, is set aside and there shall be a direction to the learned Subordinate Judge, Madurai, to process the plaint. If any clarification is required, it must be taken on the judicial side.

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

27.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note : Registry is directed to return the original plaint to the petitioner herein for further process.

pnn To 1.The Subordinate Judge, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN C.R.P(MD)No.741 of 2024 27.03.2024 4/4