Sankar v. S.S.Hyder Ali

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sankar ... Petitioner/Plaintiff vs.

1.S.S.Hyder Ali 2.Pushpajanaki 3.Pappathi 4.Aruna 5.Vallinayagam 6.Kannan 7.Balakrishnan 8.Muthumari @ Muthumari @ Rani ... Respondents/Defendants PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif to number the un-numbered O.S.No.... of 2025 on the file of the Vacation Court cum Principal District Munsif Court, Tirunelveli by allowing this Civil Revision Petition. For Petitioner : Mr.T.Selvan 1/4

ORDER

The present Civil Revision Petition is filed against the return of the un-numbered O.S.No... of 2025.

2.The contention of the petitioner is that he has presented the suit before the first vacation Court cum Principal District Munsif Court, Tirunelveli. The suit was returned with certain defects, which the petitioner have rectified. However, the Principal District Munsif Court, Tirunelveli, without considering the rectifications made, returned the plaint citing the same defects. Hence, the petitioner has approached this Court.

3.The further contention of the petitioner is that the suit is filed for partition and injunction, which has nothing to do with the earlier suit pending between the parties.

4.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

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5.Considering the facts and circumstances of the case, the Vacation Court cum learned Principal District Munsif Judge, Tirunelveli, is directed to number the suit, if it is otherwise in order, without reiterating the earlier defects. 6.With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs.

22.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps Note: Registry is directed to return the original returned plaint to the learned counsel for the petitioner, after obtaining the photostat copies of the same and issue order copy on 23.05.2025.

To The Principal District Munsif Court, Tirunelveli.

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S.SRIMATHY , J.

ps ORDER MADE IN DATED : 22.05.2025 4/4