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2025 Supreme(Online)(Mad) 17943
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, J
M.Ramasamy – Appellant
Versus
K.S.Ramasamy – Respondent
C.R.P.No.5389 of 2024
For the Appellants/Petitioners: M/s.A.M.Amutha Ganesh
For the Respondents:
A court must number a suit if sufficient cause of action is shown, regardless of limitation issues at that stage.
Headnote:This judgment addresses the jurisdiction of the court concerning the return of a plaint in a partition suit filed under Article 227. The court found sufficient cause of action had been shown, warranting that the suit should have been numbered before addressing any limitation issues. The court quashed the lower court's return order and directed the trial court to number the application and proceed with a merits determination. The revision petition was allowed without costs.
| Table of Content |
|---|
| 1. court's role in numbering suits. (Para 1 , 2) |
| 2. sufficient cause leads to suit being numbered. (Para 4) |
| 3. order quashed; revision allowed. (Para 5 , 6) |
ORDER
Challenge has been made to the order of the Court below returning the plaint raising period of limitation.
2. The suit has been originally filed for partition and declaring certain sale deeds as null and void, the same has been returned by the Court below raising period of limitation and also sought clarification in this regard. 3. Heard the learned counsel for the petitioner and perused the materials placed on record. Since no adverse order is made against the respondents, notice to the respondents is dispensed with.
4. At the outset, this Court is of the view that when sufficient cause of action is shown in the plaint at the stage of numbering the suit, the Court cannot act as a defendant to raise all the questions. When sufficient cause of action is already raised, the Court shall number the suit first, then decide the issue on merits.
5. Such view of the matter, the order of returning the application stands quashed. The Trial Court is directed to number the application and decide the issue on merits.
6. Accordingly, this revision petition stands allowed. No costs. The Registry is directed to return the plaint and the same shall be represented before the Court below within a period of one week from the date of receipt of a copy of this Order.
