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Saraswathi v. K.N.Subramanian

Madras HC15 Oct 2025CRP(MD)/2943/2025

Case brief

AI extract

What is this about?

Article 227 civil revision petition CRP(MD) 2943 of 2025; return of plaint in unnumbered suit O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 by Principal District Munsif Court, Karur; endorsement requiring clear statement of original cause of action and relief; High Court found no infirmity in cause of action or prayer; numbering of plaint; taking plaint on file; defendants to defend suit; disposed without costs; petitioners Saraswathi and Kasthuri; counsel R.Rama Guru; respondents K.N.Subramanian, Maheswari, Sudha, Krithika.

What did the court decide?

Direction to the Principal District Munsif Court, Karur to number the plaint filed in O.S.SR.No.5088 of 2025, take the same on file and decide it as expeditiously as possible in accordance with law; petition disposed of with no order as to costs. ¶23

Saraswathi Vs K.N.Subramanian — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the return of the plaint in unnumbered O.S.SR.No.5088 of 2025 dated 23.09.2025 by the Principal District Munsif Court, Karur was justified, and whether the Court below should take the plaint on file and number the suit.

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Ratio / Principle

On perusal of the plaint, the High Court found that the plaintiffs had given a cause of action and prayed for relief.

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Key takeaways

The Court found no infirmity in the cause of action and the prayer sought by the plaintiffs, and was unable to comprehend why the plaint was returned on 23.09.2025.ratio¶21
The plaint shall be numbered based on the cause of action and the prayer that has been sought for in it.ratio¶21
It is not the duty of the Court to suggest how the cause of action and prayer should be made in the plaint.ratio

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single-judge opinion (K. Kumaresh Babu J.), CRP(MD). No.2943 of 2025, decided 15/10/2025 — Civil Revision Petition under Article 227 of the Constitution of India filed by Saraswathi and Kasthuri to set aside the order of return of their plaint in unnumbered O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 of the Principal District Munsif Court, Karur. After an earlier return and a compliance report, the plaint was again returned with an endorsement to state the original cause of action and relief sought. Perusing the plaint, the Court found the plaintiffs had given both a cause of action and a prayer, detected no infirmity, and could not comprehend the basis for the 23.09.2025 return. Holding that the plaint shall be numbered based on the stated cause of action and prayer, and that suggesting their drafting is not the Court's duty, it directed the District Munsif Court, Karur to number the plaint, take it on file and decide it expeditiously in accordance with law. Petition disposed of; no order as to costs.

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CRP(MD). No.2943 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 15/10/2025

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CORAM

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THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

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CRP(MD). No.2943 of 2025

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Saraswathi 2. Kasthuri ... Petitioners Vs

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K.N.Subramanian 2. Maheswari 3. Sudha 4. Krithika ... Respondents

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PRAYER :-

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Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of return in unnumbered O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 on the file of the Principal District Munsif Court, Karur as illegal and consequently direct the learned Principal District Munsif Court, Karur to take the plaint on file and number the suit in accordance with law.

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

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CRP(MD). No.2943 of 2025

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For Petitioners : M/s.R.Rama Guru For Respondents : No appearance

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ORDER

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This Civil Revision Petition is filed to set aside the order of return in unnumbered O.S.SR.No.5088 of 2025 (F.No.OS.328/2025) dated 23.09.2025 on the file of the Principal District Munsif Court, Karur as illegal and consequently direct the learned Principal District Munsif Court, Karur to take the plaint on file and number the suit in accordance with law.

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Even though the plaintiffs' plaint had been returned with certain objections, earlier a compliance report was filed and thereafter on 23.09.2025, the plaint has been again returned with an endorsement directing the plaintiffs to clearly state the original cause of action and also to clearly state the relief sought for. This Court perused the said plaint and on perusal it is seen that the plaintiffs have given a cause of action and also prayed for relief. This court does not find any infirmity with the cause of action and the prayer that has been sought for by the

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

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CRP(MD). No.2943 of 2025

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plaintiffs and is unable to comprehend why the plaint was returned on 23.09.2025. The plaint shall be numbered based on the cause of action and the prayer that has been sought for and it is not the duty of the Court to suggest as to how the cause of action and prayer should be made in the plaint. If the plaintiffs had failed to make out the cause of action and the prayer, it is for the defendant to defend the suit and the same can be decided in the suit.

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In view of the above, there shall be a direction to the Principal District Munsif Court, Karur to number the plaint filed in O.S.SR.No. 5088 of 2025 and take the same on file and decide the same as expeditiously as possible in accordance with law.

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