Sakthivel v. Pappammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Sakthivel 2.Vijaya 3.Veerammal 4.Sadaiappan ... Petitioners / Plaintiffs Vs.

1.Pappammal 2.Rammathal 3.Parthasarathy ... Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue an order or direction, directing the learned Subordinate Judge, Oddanchathiram to number the unnumbered O.S.SR.No.4397 of 2024 on the file of the learned Sub Court, Odanchathiram and allow this civil revision petition.

For Petitioners : Mr.S.Karthik * * *

O R D E R

Heard the learned counsel for the revision petitioners. 1/4

2.The revision petitioners filed O.S.No.SR4397 of 2024 on the file of the Sub Court, Odanchathiram. Since it had an untenable prayer, the Court below did not number the plaint and it kept on returning it. That led to the filing of this civil revision petition.

3.The learned counsel for the revision petitioners filed a memo stating that they would press reliefs A, B, C, E and F alone and that they would delete prayers C and D.

4.I am clearly of the view that there should not be any technical impediment for numbering the suit. Subject to fulfilment of other formalities, the Court below is directed to number the plaint and take the same on its file. The Registry is directed to return the original plaint to the learned counsel for the revision petitioners.

5.The civil revision petition is allowed accordingly. No costs. 04.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias 2/4

To:

The Sub Court, Odanchathiram.

3/4

G.R.SWAMINATHAN, J.

ias 04.10.2024 4/4