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2025 Supreme(Online)(Mad) 30227
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. GOVINDARAJAN THILAKAVADI, J
V.Kiruba Rajakumar – Appellant
Versus
The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department – Respondent
Civil Revision Petition | C.R.P(MD)No.163 of 2025
For the Appellants/Petitioners: Mr.R.G. Sankar Ganesh
For the Respondents: Mr.B. Saravanan Additional Government Pleader
The trial Court must assess cause of action when numbering a plaint without conducting a roving inquiry.
Headnote:The petitioners filed a Civil Revision Petition under Article 227 of the Constitution of India seeking direction to number a suit. The trial Court's error in valuation under the Tamil Nadu Court Fees Act, 1955, was noted, with the Court emphasizing that cause of action must be assessed prior to numbering the plaint. The trial Court's ministerial duty to number the plaint was affirmed. The petition was disposed of accordingly.
| Table of Content |
|---|
| 1. assessment of cause of action for suit numbering. (Para 1 , 2) |
| 2. emphasis on ministerial role of the trial court. (Para 4) |
| 3. final direction to dispose of the petition. (Para 5) |
ORDER
This Civil Revision Petition has been filed seeking direction to the learned Principal District Munsif, Aruppukkottai to number the suit in un-numbered O.S.No.A4414 of 2024..
2. The learned counsel appearing for the revision petitioners would submit that the trial Court erred in directing the petitioners to value the suit under Section 25(b) of the Tamil Nadu Court Fees Act, 1955 , where it applies only to cases where the market value / guideline value of the property is ascertainable. In the present case, there is no such value recorded in Government records. He further submitted that the suit property is incapable of valuation as per the Government records and the relief sought by the revision petitioners falls squarely under the ambit of Section 25(d) of the Tamil Court Fees Act, 1955. He would further submit that G.O.(Ms).No.117 is applicable only to Government lands and not to private properties. Hence, prays for a direction to the trial Court to number the plaint.
3. Heard. Records perused.
4. This Court is of the view that at the time of numbering the plaint, the learned Judge has to see whether there is any cause of action to file the suit, and only after numbering the plaint, if any defect is found out, the Court can reject the plaint. Numbering the plaint is a ministerial Act. No roving enquiry can be done at the time of numbering the plaint. The trial Court can decide the issue of valuation of suit along with other issues. Considering the facts and circumstances of the case, the learned Principal District Munsif, Aruppukkottai is directed to number the plaint and proceed with the same in accordance with law.
5. With the above direction, this Civil Revision Petition is disposed of. No costs.
