The duty of the court to ensure procedural compliance and verify the compliance of legal requirements at the time of plaint registration.

The plaintiffs, in a suit filed before the District Court, Namakkal, in S.R.No.1825 of 2009, are the revision petitioners. The prayer is to direct the lower court to register the plaint, instead of returning the matter time and again on the ground of non-compliance of the directions.

2. The suit vide S.R.No.1825 of 2009 was preferred by the revision petitioners praying for framing a Scheme in respect of the first respondent trust under Section 92 of the Code of Civil Procedure.

3. The plaint was returned on 14. 2009 pointing out the following defects.

RETURN NO.I

"1. Value of the suit to be furnished.

2. Court fees due for the suit and provision of law under C.F.Act to be mentioned.

3. How this court has got jurisdiction to entertain the suit.

4. Properties involved in the suit if any to be furnished.

5. Short cause title to be furnished correctly.

Retd: Time one month.

Xxx Xxx

Sd/.PDJ Sd/.PDJ

14. 09 Namakkal 14. 09"

The defects as indicated by the Court was rectified and it was re-presented on 14. 2009 itself.

4. The plaint was once again returned on 15. 2009 with the following remarks.

RETURN NO.II

"Previous return No.4 complied with is not satisfactory.

Retd: Time one month.

Xxx Xxx 15. 09 Sd/.PDJNamakkal 15. 09"

The defect pointed out on 15. 2009 was answered by the petitioners and the plaint was again re-presented.

5. The re-presented plaint was returned for the third time on 16. 2009 with the following remarks:-

RETURN NO.III "Value of the suit to be mentioned in the plaint and under correct provision of law under Court Fees Act and deficit court fee if any to be paid."

Retd: Time one month. Xxx Xxx 16. 09 Sd/.PDJNamakkal 16. 09" The details sought for by the learned District Judge was furnished and the plaint was accordingly re-presented.

6. The final return was on 18. 2009 and it would read thus:-

RETURN NO.IV "The previous returns dated 14. 2009, 15. 2009 and 16. 2009 to be correctly complied with. The returns complied with should be incorporated in the plaint itself wherever it is applicable.Returned. Time one month. Xxx Xxx 18. 09 Sd/.PDJ

Namakkal 18. 09"

7. The return of plaint successively for the fourth time made the petitioners to file the revision petition.

8. The learned counsel for the revision petitioners would submit that the defects as pointed out by the learned District Judge was promptly rectified and the plaint was represented. However time and again the learned Judge was returning the plaint by pointing out reasons one after another. Some of the particulars sought in the return memo were already furnished in the original plaint itself and as such there was total non-application of mind, which alone resulted in returning the plaint on numerous occasions. According to the learned counsel this court has to take corrective measures to put the Subordinate Courts in order.

9. The Civil Procedure Code contains provisions regarding institution of suits. The journey between presenting a plaint and obtaining a decree is too long and rather difficult on account of ordained procedures. It is not easy to obtain a decree in a civil litigation within a short span of time. Even after obtaining decree from the court of original jurisdiction, the decree holder has to wait long for the purpose of enjoying the fruits of the decree, on account of first appeals and second appeals, which would invariably be taken advantage of by the unsuccessful opponents. The decree confirmed ultimately by the Apex Court in the hierarchy would again be challenged in execution on various grounds. Even though the Executing Court was not expected to go behind the decree, the fact remains that execution of decree is resisted many a time successfully for years together.

10. The litigants would be put to difficulties in case the Court of original jurisdiction drag them from pillar to post, even before registering the plaint. The attempt of the Court before registering the plaint should be to ascertain as to whether the procedural require