Disposed

Dhanalakshmi v. Palanisamy

Madras HC29 Nov 2024CRP(MD)/2988/2024

Case brief

AI extract

What is this about?

Plaint in an unnumbered suit for 1/3 share in ancestral property was returned by the Principal District Court, Karur. The revision petitioner complied with three grounds but not the fourth (plaintiff's age). The High Court directed that if the remaining defect is complied with, the trial Court shall entertain the plaint.

What did the court decide?

Direction to comply with the pending return defect and for the Principal District Court, Karur, to entertain the plaint; no costs.

Dhanalakshmi Vs Palanisamy — Partition | Madras HC (2024)

¶1

C.R.P(MD)No.2988 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 29.11.2024

¶4

CORAM :

¶5

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

¶6

C.R.P(MD)No.2988 of 2024

¶7

Dhanalakshmi ... Petitioner / Plaintiff

1.Palanisamy

2.Gandhi

3.Nachammal

4.Thirumurugan 5.Kandasamy ... Respondent / Defendants

¶13

Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the non-speaking order of return in O.S.No.Un-numbered of 2024 dated 18.09.2024 and direct the Principal District Court, Karur, to number the O.S.No.unnumbered 2023 and allow the Civil Revision Petition.

¶14

For Petitioner : Mr.Arul Jenifer for Mr.R.Ramaguru

¶15

1/4

¶16

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

¶17

C.R.P(MD)No.2988 of 2024

¶18

ORDER

¶19

This Civil Revision Petition is filed to set aside the non-speaking order of return in O.S.No.Un-numbered of 2024 dated 18.09.2024 and direct the Principal District Court, Karur, to number the O.S.No.unnumbered 2023 and allow the Civil Revision Petition.

¶20

Heard the learned counsel for the revision petitioner and perused the materials on record.

¶21

By order dated 20.03.2024, the plaint came to be returned by the trial Court by mentioning the following reasons :

¶22

i) As per explanation (2) Section 7 of TN CF & SV Act r/w Section 47AA of Indian Stamp Act, Guideline value with specified amount to be produced.

¶23

ii) As per the Document No.5 & 6, the dates of the documents are 23.09.2020, how the suit is filed in time to be explained?

¶24

iii) As the father of the plaintiff ie., D1 is available, then how the plaintiff can seeks the relief of 1/3 share in the ancestral property.

¶25

iv. The age of the plaintiff to be produced. Hence returned. Time 1 month.

¶26

2/4

¶27

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

¶28

C.R.P(MD)No.2988 of 2024

¶29

Thereafter it was complied by the revision petitioner and he

¶30

resubmitted the plaint. Again the plaint came to be returned by order dated 18.09.2024, stating that the previous order dated 20.03.2024, concern - 4 return is not complied.

¶31

The 4th reason for the return can be complied by the revision

¶32

petitioner, since it appears that the explanation offered by him in respect of Return Nos.1,2 and 3 dated 20.03.2024 was not the subject matter of return dated 18.09.2024. The above said defect pointed out by the trial Court may be complied by the revision petitioner and if it is complied, there shall be a direction to the learned Principal District Court, Karur, to entertain the petitioner's plaint.

¶33

With the above direction, this Civil Revision Petition is disposed of. No costs.

¶34

29.11.2024

¶35

NCC :Yes/No Index :Yes/No Internet : Yes/ No

¶36

pnn

¶37

3/4

¶38

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

¶39

C.R.P(MD)No.2988 of 2024

G.ILANGOVAN, J.

pnn

1.The Principal District Judge, Karur.

¶44

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

¶45

ORDER IN C.R.P(MD)No.2988 of 2024

¶46

29.11.2024

¶47

4/4

¶48

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

Dhanalakshmi v. Palanisamy

Case brief

What is this about?

What did the court decide?

Dhanalakshmi v. Palanisamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kamu Vs The Inspector of police

Gopinath Vs Seema

Chellasamy Vs Boominathan

Thangaraj Vs Sabhana

P.Sethuramakrishnan Vs R.Ishwarya

Thavamani (Died) 1Prasad Vs Gnanavel