Plaint numbering is ministerial act; rejection without numbering impermissible.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI R.V.Kuppusamy ..Petitioner(s)

Vs V.Rajasekaran ..Respondent(s)

PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order in unnumbered O.S. of 2025 dated 14.08.2025 on the file of the Principal District Court, Puducherry and thereby allow the civil revision petition.

For Petitioner(s): Mr.N.Suresh

ORDER

This Civil Revision Petition is filed to set aside the order in unnumbered O.S. of 2025 dated 14.08.2025 on the file of the Principal District Court, Puducherry and thereby allow the civil revision petition.

2. The revision petitioner is the plaintiff in unnumbered plaint, who filed the suit before the trial court on 12.02.2021 for recovery of money, but the trial judge has rejected the plaint stating that the suit is barred by limitation since the claim starts from the year of 2015, terms failed, hence a suit was filed only in the year 2021 and on that basis, the plaint was rejected. Aggrieved over the same, the plaintiff has preferred this revision petition.

3. The learned counsel for the revision petitioner submits that without numbering the plaint, the rejection of plaint as such is not permissible in law. To that effect the ratio laid down in the decision in The Government of Tamil Nadu Rep. By the District Collector Namakkal & others vs Ponnusamy reported in 2026-1-L.W.569 was relied upon, in which para 14 is extracted hereunder:

“14. Learned Amicus Curiae pointed out that a learned Single Judge of this Court in Kunjamma’s case [cited supra] has held that numbering of plaint rather falls under the category of judicial act and not that of ministerial act. This Court is unable to subscribe to the said view of the learned Single Judge. As held in Selvaraj’s case [cited supra], numbering of a case does not involve significant application of judicial mind, it does not require the Court to understand the plaint primarily on the plane of law, and hence, it is a ministerial act. Either ways, it would not affect the decision in this Civil Revision Petition.”

4. In the light of the above cited decision, the learned trial judge is directed to number the plaint in the manner know to law, within a period of two weeks from the date of receipt of a copy of this order. Registry is directed to return the original plaint immediately. If at all any such defence is available to the defendant, let him appear and put forth the same before the Trial Court.