C.R.P.(MD).No.1422 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.09.2021

CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI

C.R.P.PD(MD).No.1422 of 2021

Abirami Thangam

...Petitioner/Plaintiff

Vs.

R.P.Perumal

...Respondent/Defendant

PRAYER: Civil Revision Petition filed under Article 227 of the

Constitution of India, to direct the District Munsif Court,

Nagercoil to number the plaint in O.S.SR.No.2738 of 2020

(CNR.No.TNKKOH0002352020) on the file of District Munsif Court,

Nagercoil.

For Petitioner

: Mr.V.Meenakshisundaram

O R D E R

This Civil Revision Petition has been filed to direct the

District Munsif Court, Nagercoil to number the plaint in

O.S.SR.No.2738 of 2020 (CNR.No.TNKKOH0002352020) on the file of

District Munsif Court, Nagercoil.

2.The suit is for declaring the cheques and hundred rupees

stamp papers as null and void. This issue has been decided only

in the suit. But the learned District Munsif, Nagercoil has

rejected the plaint by stating that the argument is not satisfied

to clarify the return of above suit. There is no speaking order

and while the numbering of suit, the Court can look into only two

matters, namely, jurisdiction of Court and whether the Court bared

by any law. Without considering the merit, the learned District

Munsif, Nagercoil has simply rejected the plaint. Hence, the

prayer sought by in the plaint is very well a civil right and can

be set aside in the suit.

3.Therefore, the learned District Munsif, Nagercoil, is

directed to number the suit, if it is otherwise in order.

4.With the above direction, the Civil Revision Petition is

disposed of. No costs.

Sd/-

Assistant Registrar (W)

// True Copy //

/ /2021

Sub Assistant Registrar(CS)

vsd

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C.R.P.(MD).No.1422 of 2021

Note :

In view of the present lock down owing to COVID-19

pandemic, a web copy of the order may be utilized for

official purposes, but, ensuring that the copy of the

order that is presented is the correct copy, shall be the

responsibility of the advocate/litigant concerned.

To

The District Munsif,

Nagercoil.

Copy to

The Section Officer, VR Section

Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.Meenakshisundaram, Advocate ( SR-30799[F] dated

30/09/2021 )

C.R.P.PD(MD).No.1422 of 2021

30.09.2021

RK (28/10/2021) 2P 5C

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