Madras High CourtCRP(MD)/1105/2018disposed of

S.Muthuraman v. S.Chellasamy

2018-06-08Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN C.R.P(MD).No.1105 of 2018 S.Muthuraman ... Petitioner Vs.

S.Chellasamy ... Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned District Munsif Court, Kovilpatti to number the unnumbered O.S.SR.No.877 of 2018, dated 21.02.2018 by allowing this Civil Revision Petition. For Petitioner : Mr.G.Thalaimutharasu

ORDER

The petitioner has filed the present Civil Revision Petition invoking Article 227 of the Constitution of India praying for a direction to the learned District Munsif Court, Kovilpatti, to number the unnumbered O.S.SR.No.877 of 2018, filed on 21.02.2018.

2. Heard the learned counsel appearing for the revision petitioner. Since the case is for a limited relief of numbering the suit, no notice need be sent to the respondent. 3.The revision petitioner is the plaintiff who filed a suit before the learned District Munsif Court, Kovilpatti. Initially, the plaint was returned on 21.02.1018 and the same was represented on 25.02.2018 by making suitable corrections. Again, District Munsif Court, Kovilpatti, has returned the plaint for the following reasons:

1.Previous directions not complied with.

2.Proper document to show the possession of the suit properties not produced.

3.There is no prima facie case.

4.Cause of action not proved.

Hence, this petition is returned.

https://hcservices.ecourts.gov.in/hcservices/ 4.In the above said reason Nos.3 and 4 show that there is no

prima facie case and cause of action is not proved. The case of the petitioner is that without issuing summons to the defendant, the Court has concluded the decision of the suit and returned the plaint, which is absolutely pre-mature. It is totally incorrect. Therefore, I am inclined to pass the following orders: 5.This Civil Revision Petition is disposed of with a direction to the learned District Munsif Court, Kovilpatti to number the suit, if it is otherwise in order, within a period of two weeks from the date of receipt of a copy of this order.

6.Registry is directed to return the original papers. There shall be no order as to costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The District Munsif, Kovilpatti.

Copy To:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1CC to Mr.G.Thalaimutharasu, Advocate, SR.No.67330 C.R.P(MD).No.1105 of 2018 08.06.2018 GNS ES/SB/SAR 3/22.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/