C.R.P. No. 3331 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.09.2023

CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

C.R.P. No. 3331 of 2023

and

C.M.P.Nos.20657 and 20659 of 2023

1. Lalitha

2. Parimala

3. Sanjay

4. Thirupathi

...Petitioners

.Vs.

1. Palaniammal

2. Srimurugan

3. Raja

4. Venkatesh

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C.R.P. No. 3331 of 2023

5. The Sub-Registrar,

Harur, Harur Town & Taluk,

Dharmapuri District.

6. The Tahsildar,

Harur, Harur Town & Taluk,

Dharmapuri District.

7. The District Collector,

Dharmpuri.

Dharmapuri Taluk and District

...Respondents

Prayer: This Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to set aside the Fair and Decreetal Order

passed in unnumbered O.S.Sr.No.299 of 2023 dated 26.07.2023 on the file

of the Subordinate Judge at Harur, Dharmapuri District and consequently

direct the learned Subordinate Judge at Harur, Dharmapuri District to

number the suit filed in Unnumbered O.S. SR.No.299 of 2023 by allowing

the present Civil Revision petition.

For Petitioner : Mr. R. Jayaprakash

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C.R.P. No. 3331 of 2023

ORDER

This petition is filed to set aside the Fair and Decreetal Order

passed in unnumbered O.S.Sr.No.299 of 2023 dated 26.07.2023 on the file

of the Subordinate Judge at Harur, Dharmapuri District and consequently

direct the learned Subordinate Judge at Harur, Dharmapuri District to

number the suit filed in Unnumbered O.S. SR.No.299 of 2023 by allowing

the present Civil Revision petition.

2. The case of the petitioner is that he has filed a suit for the relief

of specific performance of contract and to declare the sale deeds in favour

of defendants 2, 3 and 4 are null and void and for the relief of permanent

injunction restraining the 6^th defendant to transfer patta, chitta in the name of

defendants 2 to 4 and for the relief of permanent injunction restraining the

defendants 2 to 4 from creating any encumbrances in the 5^th defendant's

office over the suit property in favour of any third parties and the same was

returned without numbering and the reasons stated is that the suit is filed

beyond 3 years and 5 months and it is barred by limitation. Hence the

petitioner has come forward with this petition seeking to number the suit.

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C.R.P. No. 3331 of 2023

3. The learned counsel for the petitioner submitted that the Trial

Court should have not questioned about the merits of the case at the time of

numbering the suit and the same has to be decided only during the

arguments. Hence he prays this Court to allow this petition.

4. On a perusal of the impugned order it is seen that the Court

below had questioned about the merits of the case, which is irrelevant at the

time of numbering of the suit. This Court while dealing with an identical

issue in the case of Selvaraj and others Vs. Koodankulam Nuclear Power

plant India Limited and others in CRP(MD)Nos.915,967,001 and 330 of

2020 have allowed the petitions vide order dated 16.07.2021 with a

direction to number the plaint and proceed to dispose the suit in accordance

with law.

5. In view of the above, the Subordinate Judge at Harur,

Dharmapuri District is directed to number the suit, if it is otherwise in

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C.R.P. No. 3331 of 2023

order. The Court cannot step into the shoes of the defendants and reject the

same before numbering on merits.

6. With the above directions, this Civil Revision Petition is

disposed of. Consequently the connected miscellaneous petition are closed.

No order as to costs.

12.09.2023

smn

Index : Yes/No

Internet: Yes/No

To.

1. The Sub-Registrar,

Harur, Harur Town & Taluk,

Dharmapuri District.

2. The Tahsildar,Harur, Harur Town & Taluk,

Dharmapuri District.

3. The District Collector,

Dharmpuri.Dharmapuri Taluk