C.R.P.No.561 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM : THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA C.R.P.No.561 of 2025 Amuthalakshmi ... Petitioner Vs 1. Ravichandramoorthy 2. Mohanraj ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the return order passed by the Principal District and Sessions Court, Kallakurichi in un-numbered O.S.SR.No.894 of 2024 dated 17.10.2024 For Petitioner : Mr.V.Gunasekar O R D E R This Civil Revision Petition has been filed against the return order passed by the Principal District and Sessions Court, Kallakurichi, on 17.10.2024 in the 1 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 unnumbered O.S.SR.No.894 of 2024. 2. The brief facts of the case is that the petitioner/plaintiff has filed an original suit before the Principal District and Sessions Court, Kallakurichi, seeking for partition against the respondents/defendants. The trial Court had returned the suit on 22.08.2024 and the plaintiff/petitioner had represented the same, however, the trial Court had returned the plaint once again on 17.10.2024. Challenging the same, the present civil revision petition has been filed. 3. Learned counsel for the petitioner/plaintiff submitted that the petitioner/plaintiff and the respondents/defendants are siblings and the suit filed by the petitioner for partition was returned by the trial Court on 22.08.2024 raising various queries and despite the representation given by the plaintiff/petitioner to the queries on 04.10.2024, the trial Court had returned the plaint once again on 17.10.2024. Hence, he prayed to set aside the order dated 17.10.2024. 4. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 2 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 5. The return made by the trial Court dated 22.08.2024, the representation by the counsel for the petitioner dated 04.10.2024 and the further return made by the trial Court on 17.10.2024 are extracted hereunder:- 3 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 Returned Date : 17.10.2024 Previous return No. 1 & 3 not yet complied. Hence returned. Time one month. 4 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 6. Initially, the plaint was returned stating 6 reasons and the petitioner's counsel had complied with the same, however, once again the plaint was returned stating that the following returns (1 & 3) were not complied with. 1/ jhth brhj;jpw;fhd jw;nghija tUtha; Jiw Mtzk; kw;Wk; tpy;y';fr;rhd;W Mfpatw;iw jhf;fy; bra;at[k;/ 3/ jhth brhj;ij rhpahf kjpg;gPL bra;at[k;/ 7. At the outset, when the relationship of the parties are not in dispute at the time of numbering the suit, no document is required. It is for the plaintiff to establish her claim by giving proper proof of the same and value during trial. When the plaint disclosed the cause of action before numbering the suit, insisting the plaintiff to produce all the documents is not required. The Court has to see whether the cause of action is properly mentioned to maintain the suit and whether the plaint has been properly instituted or not. When the suit has been properly instituted, at the stage of taking the plaint on file by numbering it, insisting for production of documents does not arise at all. The Court cannot supplant the defence at this stage on behalf of the defendants. Further, if the valuation of the suit is not done properly, it is at the risk of the plaintiff. It is for the defendants to contest the claim of the plaintiff during the trial of the suit. 5 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 8. In view of the above, the order passed by the Principal District and Sessions Court, Kallakurichi in un-numbered O.S.SR.No.894 of 2024 on 17.10.2024 is hereby set aside and the learned District and Sessions Judge, Kallakurichi is directed to number the suit, proceed with the suit and pass appropriate order on merits in accordance with law. No costs. 9. Accordingly, this Civil Revision Petition stands allowed. No costs. Registry is directed to return the original papers to the counsel for the petitioner forthwith. 17.02.2025 Index : Yes / No Neutral Citation : Yes / No ham To The Principal District and Sessions Court, Kallakurichi. 6 / 7 https://www.mhc.tn.gov.in/judis C.R.P.No.561 of 2025 A.D.JAGADISH CHANDIRA, J. ham C.R.P.No.561 of 2025 17.02.2025 7 / 7 https://www.mhc.tn.gov.in/judis