S. M. SUBRAMANIAM
K. Bhuvaneswari – Appellant
Versus
R. Lakshmi – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Learned XVI Additional Judge, City Civil Court, Chennai to number the Interlocutory Application in I.A.SR.No.74462 of 2022 in O.S.No.1978 of 2022 filed by the petitioners and to decide the same in accordance with law.]
1. The Civil Revision Petition has been filed to direct the Learned XVI Additional Judge, City Civil Court, Chennai to number the Interlocutory Application in I.A.SR.No.74462 of 2022 in O.S.No.1978 of 2022.
2. The revision petitioners are the defendants 2 and 3 in the suit filed in O.S.No.1978 of 2022, instituted by the respondents for Declaration. During the pendency of the suit, the revision petitioners filed an Interlocutory Application under Order 7 Rule 11 of C.P.C., to reject the plaint on the ground that there is no cause of action and on the ground of limitation.
3. The grievances of the revision petitioners are that the Interlocutory Application filed by them was not even numbered by the trial Court and the issues raised in the Interlocutory Application to reject the plaint was dealt with by the trial Court and the petition was returned.
4. T
Plaint numbering is ministerial act; rejection without numbering impermissible.
Granting interim relief regarding schedule properties in an unnumbered suit while exercising supervisory jurisdiction under Article 227 of the Constitution is legally impermissible as the merits of t....
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