The Madras High Court allowed a Civil Miscellaneous Petition directing the Registry to return an original unnumbered plaint to the petitioner to comply with a prior order, enabling the Sub Court to number and proceed with the suit.
Registry directed to return the original unnumbered plaint to the petitioner for compliance with a prior order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.4861 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Wednesday, the Twenty Fourth day of November Two Thousand and Twenty One
PRESENT
The Hon`ble Ms.Justice P.T.ASHA
CMP(MD) No.4861 of 2021 IN CRP(MD) No.262 of 2020
SAHAYA AROCKIA VENCI ... PETITIONERS/ PETITIONERS/ PLAINTIFF
Vs
1 ANTHONIAMMAL
2 ANANDA DEVAKUMAR
3 ARUL ANUSHYA ... RESPONDENTS/ RESPONDENTS/ DEFENDANTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to return the original plaint unnumbered O.S.SR.No.806 of 2019 on the file of Sub Court,Uthamapalayam, which was filed along with typed set in the CRP(MD).No.262 of 2020 and to proceed with the same as accordance with law.
Prayer in CRP(MD). 262/ 2020 :
To set aside the docket order dated 18.10.2019 in unnumbered O.S. Sr No. 806/2019 on the file of Sub Court, Uthamapalayam and to direct the Learned Sub Judge, Uthampalayam to number it and to proceed with the same as accordance with law.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.SURIYANARAYANAN, Advocate for the petitioner, the court made the following order:-
This petition has been filed to return the original plaint unnumbered O.S.SR.No.806 of 2019 on the file of the Sub Court, Uthamapalayam, which was filed along with typed set in C.R.P(MD) No.262 of 2020.
2.Registry is directed to return the original plaint in order to enable the petitioner to comply with the order of this Court dated 14.02.2020 and the plaint shall be returned within one week https://hcservices.ecourts.gov.in/hcservices/ from today, after getting due acknowledgement from the learned
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CMP(MD) No.4861 of 2021
counsel for the petitioner. Accordingly, this Civil Miscellaneous Petition is allowed.
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE SUBORDINATE JUDGE, UTHAMAPALAYAM.
COPY TO: THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CMP(MD) No.4861 of 2021 IN CRP(MD) No.262 of 2020 Date :24/11/2021
cp
MK/JM/SAR.III/04.12.2021/2P/3C
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1 issue framed by the court
Whether to return the original unnumbered plaint to the court below for numbering and proceeding in accordance with law.
SAHAYA AROCKIA VENCI
ANTHONIAMMAL
ANANDA DEVAKUMAR
ARUL ANUSHYA
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
