T.Moorthi Rajan v. Sermakani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.18592 of 2025

1. T.Moorthi Rajan,

2. B.Karthikeyan ... Petitioners Vs

1. Sermakani

2. Murugan ... Respondents PRAYER :- Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the Decreetal order and order dated 18.08.2025 passed in C.R.19, Sl.No.6296 of 2025 in unnumbered OS(CNR No.TNTS010040202025) on the file of the Learned Principal District Judge, Tenkasi.

For Petitioner : Mr. V.Rajiv Rufus, Advocate.

ORDER

This Civil Revision Petition is filed to set aside the Decreetal order and order dated 18.08.2025 passed in C.R.19, Sl.No.6296 of 2025 in 1/4

unnumbered OS(CNR No.TNTS010040202025) on the file of the Learned Principal District Judge, Tenkasi.

2. In the impugned order, the Court below had rejected the plaint holding that the transaction that has been averred in the plaint are commercial in nature. If that is so, it is the duty of the Court to return the plaint to the person, to place it before the jurisdictional Court and not to reject the plaint.

3. In view of the same, the order impugned herein is set aside and the Court below is directed to return the original plaint to the petitioner / plaintiff to proceed before the appropriate Court having jurisdiction.

4. With the above direction, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition stands closed. 18.11.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 2/4

To

1. The Principal District Judge, Tenkasi.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

3/4

K.KUMARESH BABU, J pnn

ORDER

IN and CMP(MD)No.18592 of 2025 Date : 18/11/2025 4/4