Madras High CourtCRP(MD)/2943/2025disposed of

Saraswathi v. K.N.Subramanian

2025-10-15Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

1. Saraswathi

2. Kasthuri ... Petitioners Vs

1. K.N.Subramanian

2. Maheswari

3. Sudha

4. Krithika ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of return in unnumbered O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 on the file of the Principal District Munsif Court, Karur as illegal and consequently direct the learned Principal District Munsif Court, Karur to take the plaint on file and number the suit in accordance with law.

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For Petitioners : M/s.R.Rama Guru For Respondents : No appearance

ORDER

This Civil Revision Petition is filed to set aside the order of return in unnumbered O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 on the file of the Principal District Munsif Court, Karur as illegal and consequently direct the learned Principal District Munsif Court, Karur to take the plaint on file and number the suit in accordance with law.

2. Even though the plaintiffs' plaint had been returned with certain objections, earlier a compliance report was filed and thereafter on 23.09.2025, the plaint has been again returned with an endorsement directing the plaintiffs to clearly state the original cause of action and also to clearly state the relief sought for. This Court perused the said plaint and on perusal it is seen that the plaintiffs have given a cause of action and also prayed for relief. This court does not find any infirmity with the cause of action and the prayer that has been sought for by the 2/5

plaintiffs and is unable to comprehend why the plaint was returned on 23.09.2025. The plaint shall be numbered based on the cause of action and the prayer that has been sought for and it is not the duty of the Court to suggest as to how the cause of action and prayer should be made in the plaint. If the plaintiffs had failed to make out the cause of action and the prayer, it is for the defendant to defend the suit and the same can be decided in the suit.

3. In view of the above, there shall be a direction to the Principal District Munsif Court, Karur to number the plaint filed in O.S.SR.No. 5088 of 2025 and take the same on file and decide the same as expeditiously as possible in accordance with law.

4. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.

15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gvn 3/5

Note :

Registry is directed to return the original records filed along with this Civil Revision Petition to the learned Counsel for the petitioners.

To:-

1. The Principal District Munsif Court, Karur 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU, J.

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ORDER

IN Date : 15/10/2025 5/5