S.Rajamani v. R.Kuppusamy
Case brief
What is this about?
The High Court disposed of a civil revision petition seeking directions to number a plaint and take up a suit for trial, holding that the petitioner must first rectify defects in the plaint as returned by the trial court.
What did the court decide?
The Civil Revision Petition is disposed of; petitioner directed to rectify defects and represent before trial Court.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2014
CORAM :
THE HONOURABLE MS.JUSTICE R.MALA
C.R.P(PD).No.2431 of 2014
S.Rajamani
.. Petitioner
Vs.
R.Kuppusamy .. Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of Constitution of India, for a direction to the Sub-Court, Thiruchengode, to number the plaint filed in O.S.Sr.No.1732 of 2014 and to take up the suit on file for trial.
For Petitioner : Mr.K.Sasindaran
Issues for consideration
2 issues framed by the court
Whether a civil revision petition can succeed when the trial court returns the plaint for defects that the petitioner has not yet rectified before filing the petition.
Whether the Sub-Court, Thiruchengode, should proceed to number the plaint and take up the suit for trial without the petitioner first complying with the defects.
Parties & counsel
- petitioner
S.Rajamani
- respondent
R.Kuppusamy
Coram
R.MALA
Case details
As recorded by the court registry
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