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2025 DAILYLAW 50905 (MAD)

SAKTHIMURUGAN v. GANASEKARAN

CRP/1853/2025 · 2025-04-29

P T Asha

Transfer Petitionbody2025

Judgment text

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CRP No. 1853 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA CRP No. 1853 of 2025 1.SAKTHIMURUGAN S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry. 2. GOKULNATH S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry. 3. AMARNATH S/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry. Petitioner(s) Vs 1.GANASEKARAN S/o. Manini, No.5, Nallavadu Street, Thanampalayam, Pondicherry. 2.SEETHA W/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry. Respondent(s) https://www.mhc.tn.gov.in/judis CRP No. 1853 of 2025 Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the plaint rejection order dated 06.03.2025 passed in unnumbered O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry. For Petitioner(s): Mr.D. Senthil Kumar ORDER Aggrieved by the rejection order dated 06.03.2025 passed even without numbering the plaint in O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry, for declaration and recovery of possession, the plaintiff is before this Court. 2. A mere perusal of the order impugned clearly shows that the learned Judge has proceeded to consider the suit on its merits and has not restricted his scrutiny to the numbering of the plaint and verifying as to whether https://www.mhc.tn.gov.in/judis CRP No. 1853 of 2025 the parameters for rejecting the suit exists. The learned Judge has proceeded to analyse the suit as if he is analysing the plaint for dismissing the suit. 3. This Court has time and again held that the learned Judge while sitting on the judicial side, discharges a purely administrative function. While numbering the suit, the Presiding Officer is only acting on the administrative side and therefore, his jurisdiction is restricted to consider if the pleadings are in order, cause of action has been clearly pleaded, whether court fee has been properly affixed and prima facie if the documents are in order. It is only after the suit gets numbered that the learned Judge exercises his judicial scrutiny on the same. 4. In the instant case, the learned Judge has passed orders on merits even without numbering the suit and hence, the rejection order dated 06.03.2025 passed in unnumbered O.S.SR.No.17238 of 2024 on the file of the Principal District Court, Puducherry, is set aside and the learned Judge is directed to number the suit. https://www.mhc.tn.gov.in/judis CRP No. 1853 of 2025 With the above observation and direction, this civil revision petition stands allowed. No costs. 29-04-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note: The Registry is directed to return the original plaint to the revision petitioner, if filed along with this civil revision petition. https://www.mhc.tn.gov.in/judis CRP No. 1853 of 2025 To 1.GANASEKARAN S/o. Manini, No.5, Nallavadu Street, Thanampalayam, Pondicherry. 2.SEETHA W/o. Late Arikrishnan, South Street, Thanampalayam, Ariyankuppam Commune, Pondicherry. 3.The Principal District Judge, Puducherry https://www.mhc.tn.gov.in/judis CRP No. 1853 of 2025 P.T.ASHA J. nsd CRP No. 1853 of 2025 29-04-2025 https://www.mhc.tn.gov.in/judis