Madras High CourtCRP(MD)/1713/2022disposed of

M. Ramasamy v. Mohammed Ismail

2024-12-04Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2024

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI M.Ramasamy ... Petitioner Vs.

1.Mohammed Ismail 2.Dinesh 3.Dhanalakshmi ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Court, Theni to number the unnumbered suit filed by the petitioner herein in O.S.(A)No.914 of 2022 by allowing the Civil Revision Petition and also direct the Registry to return the original plaint.

For Petitioner : Mr.V.S.Karthi for M/s.VS.Karthi Associates 1/4

ORDER

The present Civil Revision Petition for numbering the suit filed by the petitioner before the Sub Court, Theni.

2. According to the revision petitioner, the suit has been filed for recovery of possession of the suit property. At the time of presentation of the plaint, the plaintiff has valued the suit and the same was returned on the ground of under valuation. It is submitted that the plaintiff has paid the Court fee more than the guideline value. In spite of that the Trial Court has repeatedly returned the plaint stating that the suit is under valued. Aggrieved by this, the present revision is preferred.

3. Heard the learned Counsel for the petitioner and perused the materials available on record.

4. It is settled legal position that at the time of numbering the suit, the Court has to go in the averments in the plaint and the Court cannot 2/4

conduct a roving enquiry taking the role of the defendant at the time of numbering the suit. If the suit is undervalued, the Court can decide the same as preliminary issue. Hence, the Trial Court is directed to number the plaint, if it is otherwise in order and dispose the same in accordance with law on its own merits.

5. With this observation, this Civil Revision Petition stands disposed of. There shall be no order as to costs. 04.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Registry is directed to return the original plaint after getting acknowledgement.

To The Sub Court, Theni.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 04.12.2024 4/4