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Madras High CourtCRP(MD)/2517/2017affirmative against assessee

A.Madhusoothanan, v. Venkadesan,

2018-08-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.2517 of 2017 A.Madhusoothanan ... Revision Petitioner/Plaintiff Vs.

1.Venkadesan 2.Velammal ... Respondents/Defendants Prayer: Civil Revision Petition - filed under Article 227 of the Constitution of India, to direct to number the suit in S.R.No.689 of 2017 on the file of the Principal Subordinate Judge, Nagercoil. For Petitioners : Mr.N.S.Ramakrishnadass For R-1 : Service Awaited For R-2 : No appearance

ORDER

The revision petitioner filed a plaint bearing S.R.No.689 of 2017 before the Principal Sub Court, Nagercoil. It is a suit for payment of money. Necessary Court fee has been remitted. But the plaint has been returned on the ground that the document referred to in the list of documents was not enclosed while re-presentation. The learned counsel appearing for the plaintiff has made an endorsement that they have been misplaced.

2. Be that as it may. The Court below can very well number the suit and decide these issues later, after the defendants enter appearance.

3. This Court is of the view that the plaint need not be kept unnumbered for this reason. The Civil Revision Petition, therefore, is allowed. No costs.

4. The Registry is directed to return the original plaint to the revision petitioner for re-presentation before concerned Court within a period of four weeks.

Sd/- Assistant Registrar (CS-I) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar (CS-I)

To

1. The Principal Subordinate Judge, Nagercoil.

2. The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.N.S.RAMAKRISHNA DASS, ADVOCATE IN SR No. 79407 SM TE/SV/SAR-1 : 04/09/2018 : 2P/5C Order made in C.R.P.(MD)(PD)No.2517 of 2017 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/