Dismissed

S.Sankar (Alias) Raandilyachozhan v. South Indian Cinematographer Association

Madras HC17 Dec 2021CRP/2861/2021

Case brief

AI extract

What is this about?

The High Court dismissed the revision petition challenging the rejection of a plaint. It held that seeking admission to an association does not involve an existing civil right enforceable by law, and civil courts cannot compel membership.

What did the court decide?

No costs. Revision petition dismissed in limine as the suit relief was not impermissible in law.

S.Sankar (Alias) Raandilyachozhan Vs South… — Contract and Commercial Disputes | Madras HC (2021)

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C.R.P.(NPD).No.2861 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.12.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.R.P.(NPD).No.2861 of 2021

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S.Sankar (Alias) Raandilyachozhan

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.. Petitioner

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Vs.

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South Indian Cinematographer Association, No.7, 1^st Floor, JVL. Arcade, T.Nagar, 18 North Usman Road, Chennai – 600 017. .. Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India challenging the order passed by the I Assistant City Civil Judge, Chennai in O.S.S.R.No.13743 of 2021 dated 27.10.2021 and praying to direct the I Assistant City Civil Judge, Chennai to number the O.S.S.R.No.13743 of 2021.

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For Petitioner : Mr.T.S.Charles

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1/4

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.2861 of 2021

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O R D E R

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The petitioner challenges the rejection of his plaint by the trial Court,

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on the ground that this Court had already rejected the writ petition filed for the very same relief.

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2. Even though the trial Court may not be right in rejecting the plaint on that ground, I find that the plaint cannot be entertained. The prayer in the attempted suit filed by the plaintiff is to direct the defendant to induct the plaintiff as a member of the defendant. The defendant is an Association of persons called South Indian Cinematographer's Association. The plaintiff would claim that he had sought membership in that Association on 27.07.2015 and the Association had neither admitted him nor rejected his request. Claiming that his civil rights are affected, the petitioner sought for the above relief.

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3. I do not think that such a relief can be granted at a civil Court.

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Section 9 enable the civil Court to exercise jurisdiction where civil rights of the individual are at stake. The issue whether a person should be admitted as

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.2861 of 2021

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a member of Association or not, does not definitely, involve civil right. The Court cannot compel the defendant to admit the plaintiff as a member, because the plaintiff has no such right to insist that he should be admitted as a member. Only the existing right can be enforced through Court of law and not a non-existing right.

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4. Hence, I do not see any necessity to entertain this Revision. Even though the order of the trial Court can be termed to be erroneous, because it has rejected the plaint since the writ petition filed in this Court was dismissed, the Revision fails and it is dismissed. No costs.

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17.12.2021

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dsa Index : No Speaking order

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The I Assistant Judge, City Civil Court, Chennai.

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3/4

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.2861 of 2021

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R.SUBRAMANIAN, J.

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dsa

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C.R.P.(NPD).No.2861 of 2021

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17.12.2021

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4/4

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https://www.mhc.tn.gov.in/judis

S.Sankar (Alias) Raandilyachozhan v. South Indian Cinematographer Association

Case brief

What is this about?

What did the court decide?

S.Sankar (Alias) Raandilyachozhan v. South Indian Cinematographer Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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