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2009 Supreme(Mad) 3519

K.K.SASIDHARAN
R. Manickam & Another – Appellant
Versus
The Sengunthar Charitable Trust, rep. By its Secretary T. P. Arumugam & Others – Respondent


Advocates Appeared:
For the Petitioner:N. Jothi, for V. Karthikeyan Advocates. For the Respondent: ------

Judgment :-

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































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