ORDER :

The Civil Revision Petition is directed against the order of retuning the plaint in unnumbered suit in O.S.No... of 2019 dated 25.04.2019 on the file of the District Court, Thoothukudi.

2. The revision petitioners are the plaintiffs. The first plaintiff is the mother of plaintiffs 2 to 7. One Rathinasingh is the husband of the first plaintiff and father of the plaintiffs 2 to 7. The plaintiffs, by alleging that the suit properties were belonging to the parents of defendants 1 to 4 and said Rathinasingh, has filed the suit for partition claiming 1/5 share before the District Court, Thoothukudi. The learned District Judge has returned the plaint listing out 6 defects and the plaintiffs have represented the same after rectification. The learned District Judge has again returned the plaint on 25.04.2019 listing out the following 2 defects which are now under challenge;

(i) Plaintiffs signature and the Advocate signature are to be obtained in duplicate plaint.

(ii) Full fledged encumbrance certificate for the suit properties is to be produced.

3. Let us first consider the 1st return with respect to duplicate plaint. An interesting question has now come up for consideration as to whether duplicate plaint should contain the signature of all the plaintiffs and their Advocates. Section 26 of the Code of Civil Procedure contemplates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Similarly Order IV Rule 1 also contemplates that every suit shall be initialed by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf. Order IV Rule 1 reads as follow:-

''1) Suit to be commenced by plaint.

(1)Every suit shall be instituted by presenting a (Plaint in duplicate to the Court) or such Officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

(3) The Plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)''

4. A combined reading of Section 26 of CPC and Order IV Rule 1 CPC, make it clear that the institution of suit shall be by presenting a plaint in duplicate and such plaint shall comply with Rules contained in Orders VI and VII of CPC so far as they are applicable. It is pertinent to mention that Order IV Rule 1(3) CPC, mandates that if all the requirements specified under Sub rules 1 and 2 are not compiled with, the plaint shall not be deemed to have been duly instituted. Order VI CPC deals with the pleadings generally and Rule 1 says that the ''pleading'' shall mean plaint or written statement. Now it's time to consider, what is the meaning of the word “Duplicate”.

As per Oxford Dictionary :-

As adjective – having two corresponding or identical parts.

As Noun - One of two or more identical things

As Verb -Multiply by two, double

Origin:-

From Latin duplicat-' doubled', from the verb duplicare,

From duplic- “ two Fold”

5. Considering the above, it is clear that the word ''duplicate'' cannot be equated with ''copy''. It is pertinent to mention that Order V Rule 2 mandates that every summons shall be accompanied by a copy of the plaint. Similarly Order VII Rule 9 contemplates that where the Court orders that the summons be served on the defendants, it has to direct the plaintiff to present as many copies of the plaint, as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants.

6. In the above 2 provisions, the copy of the plaint alone is referred and as such, it is clear that the duplicate plaint shown in Order IV Rule 1 and the copy of the plaint referred in Order V Rule 2 and Order VII Rule 9 are entirely different.

7. Moreover it is pertinent to note that Order IV Rule 1, does not say that the plaint and duplicate plaint are to be presented, but on the other hand, the ''plaint in duplicate'' is to be presented.

8.