N.Vishwanathan v. V.Saroja

1 C.R.P.(MD)No.1172 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.1172 of 2022 N.Vishwanathan ... Revision petitioner / 1st Defendant Vs.

1. V.Saroja ... 1st Respondent/Plaintiff

2. The Correspondent, Pon Malar Matriculation School, Karaikudi.

3. Gowtham, Pon Malar Matriculation School, Karaikudi.

4. The No.1 Joint Sub Registrar, Muthupattinam, Karaikudi.

... Respondents 2 to 4 / Defendants 2 to 4 PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Karaikudi to strike off the plaint in O.S.No.563 of 2022 on his file, as not maintainable.

2 C.R.P.(MD)No.1172 of 2022 For Petitioners : Mr.VR.Shanmuganathan For R-1 : Mr.G.Prabhu Rajadurai For R-2 & R-3 : Mr.M.Senthilkumar For R-4 : Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the revision petitioner and the learned counsel appearing for the contesting respondents.

2. The revision petitioner is figuring as first defendant in O.S. No.563 of 2022 on the file of the District Munsif, Karaikudi. This civil revision petition has been filed for directing the Court below to return the plaint to the plaintiff since it suffers from certain serious procedural defects. The short comings pointed out by the revision petitioner are very much there. It is true that in the Vakalath, only one counsel has put his signature affixing his acceptance. The other counsel have not put their signatures. The plaintiff has not signed in some of the columns in the plaint. The proof affidavit has also not been attested.

3 C.R.P.(MD)No.1172 of 2022

3. My attention is drawn to the relevant provisions of CPC.

4. I fail to understand as to how the plaint was numbered even though such procedural shortcomings are there. Be that as it may, they are purely technical in nature. Even if the prayer in CRP is accepted, the resultant effect will be to return the plaint which can be resubmitted promptly by the plaintiff. Instead of doing so, I direct the plaintiff as well as her counsel to go to the Registry of the Court below and make appropriate corrections so that all the shortcomings pointed out by the learned counsel for the revision petitioner stand removed. This shall be done immediately by the first respondent herein. The Court below is directed to facilitate the first respondent to carry out the necessary corrections. This shall be done immediately and without any delay. This civil revision petition stands disposed of accordingly. No costs. 28.08.2024 Index : yes/No Internet:Yes/No PMU

4 C.R.P.(MD)No.1172 of 2022 G.R.SWAMINATHAN,J.

PMU To The District Munsif, Karaikudi.

C.R.P.(MD)No.1172 of 2022 28.08.2024