Madras High CourtCRP(MD)/951/2022allowed

Vellaichamy v. The Assistant Primary Education Officer

2022-04-26Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD).No.951 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No.951 of 2022 Vellaichamy ... Petitioner/Plaintiff Vs.

1.The Assistant Primary Education Officer, Natham, Natham Taluk, Dindigul District.

2.The State Accountant General, State Account Office, 36, Anna Salai, Chennai - 18.

... Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records and set aside the order passed in un numbered O.S.No.113 of 2019 on the file of the District Munsif Cum Judicial Magistrate, Natham, dated 25.02.2021. For Petitioner : Mr.S.SARVAGAN PRABHU, Advocate For 1st respondent : Mr.A.KANNAN Additional Government Pleader

ORDER

The revision petitioner / plaintiff has filed this revision to direct the District Munsif Cum Judicial Magistrate, Natham, to number the un numbered suit in O.S.No.113 of 2019, which was pending on its file.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

3. The revision petitioner / plaintiff has filed the said suit for declaration of his wife's civil death and also for mandatory injunction. The District Munsif Cum Judicial Magistrate, Natham, has returned the plaint reasoned that there is no proper document for missing.

4. Since the revision petitioner / plaintiff has filed the reply of the High Commission Embassy, Malaysia, the District Munsif Cum Judicial Magistrate, Natham is directed to number the plaint and decide the matter on merits. No costs.

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CRP(MD).No.951 of 2022

5. Registry is directed to return the original papers after submitting the xerox copy of the same.

Sd/- Assistant Registrar (CS.III) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1 The District Munsif Cum Judicial Magistrate, Natham.

2 The Section Officer V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) 3 The Section Officer E.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.S. SARVAGAN PRABHU, Advocate ( SR-21377[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22059[F] dated 28/04/2022 ) CRP(MD).No.951 of 2022 Date:26.04.2022 SA(16.05.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2