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2021 Supreme(Mad) 3201

K.MURALI SHANKAR
Mangalam Ammal – Appellant
Versus
Jayasingh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.P.Senthil

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 w

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