Disposed¶27

R. Murugesan Alias Murugan v. M.L.Dinesh

Madras HC23 Jan 2025CRP(MD)/115/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench, C.R.P(MD)No.115 of 2025 (23.01.2025, K. Govindarajan Thilakavadi, J.). Return of un-numbered plaint under challenge. Keywords: numbering of plaint, ministerial act, roving enquiry, pecuniary jurisdiction, redemption of mortgage, Order 8 Rule 6(a) CPC counter claim, Article 227, Subordinate Court Uthamapalayam, Additional District and Sessions Court Theni. Held that plaint must be numbered once cause of action is disclosed; defects can be examined later by way of rejection. Disposed with direction to take the plaint on file.

What did the court decide?

Direction to the learned Subordinate Judge, Uthamapalayam to number the plaint and proceed with the same in accordance with law; Civil Revision Petition disposed of with no costs. ¶27

R. Murugesan Alias Murugan Vs M.L.Dinesh — Writ and Judicial Review | Madras HC (2025)

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CRP(MD).No.115 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.01.2025

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CORAM

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THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No.115 of 2025

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1.R.Murugesan @ Murugan 2.M.Harshan Prabhakaran 3.M.Varshan

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... Petitioners / plaintiffs

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Vs.

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Mr.L.Dinesh

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: Respondent / defendant

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Subordinate Court, Uthamapalayam to receive, take on file and number the suit in un-numbered plaint in F.No.OS/352/2024 (CNR.No.TNTH050004642024) within a frame as may be fixed by this Court.

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For Petitioner : Mr.G. Aravinthan

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ORDER

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This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Uthamapalayam to receive, take on file and number the suit in un-numbered plaint in F.No.OS/352/2024

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1/4 https://www.mhc.tn.gov.in/judis

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CRP(MD).No.115 of 2025

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(CNR.No.TNTH050004642024) within a frame as may be fixed by this Court.

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Heard the learned counsel appearing for the petitioners. Since the

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revision is filed for seeking early disposal, no notice is necessary to the respondent.

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According to the revision petitioners, the said suit was filed for the relief of redemption of mortgage to the value of Rs.7,88,000/- before the competent Court i.e., the Subordinate Court, Uthamapalayam .

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It is submitted that the trial Court returned the plaint stating that the same ought to be presented before the Additional District and Sessions Court, Theni on the ground of pecuniary jurisdiction. It is also stated that the redemption suit should be filed before the concerned Court by way of counter claim under Order 8 Rule 6(a) CPC, which is in correct and the trial Court ought to have numbered the suit and prays for allowing this revision.

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Heard. Records perused.

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CRP(MD).No.115 of 2025

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This Court is of the view that while numbering the plaint, the learned Judge has to see whether cause of action has been made out or not and after numbering the plaint, if any defect is found out, the Court can always reject the plaint. Numbering the plaint is a ministerial act. No roving enquiry can be done at the time of numbering the plaint. Considering the facts and circumstances of the case, the learned trial Judge is directed to number the plaint and proceed with the same in accordance with law.

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