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2025 DAILYLAW 83356 (MAD)

P.CHANDRASEKAR v. R.LOGANATHAN

CRP/4367/2025 · 2025-09-12

P B Balaji

Transfer Petitionbody2025

Judgment text

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C.R.P.No.4367 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.09.2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.No.4367 of 2025 P.Chandrasekar ...Petitioner Vs. 1.R.Loganathan 2.M/s.Aadhar housing Finance Limited, (formerly known as M/s.DHFL VYSYA Housing Finance Limited), Represented by its Authorised Signatory, No.382C, Maniam Corner, D.B.Road, Coimbatore – 641 002. 3.M.Ravivarman 4.C.Prabhakaran 5.Pattukani 6.P.Murugesan ...Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the order of the learned Principal District Judge, Coimbatore made in O.S.CFR.No.7201 of 2025 dated 29.04.2025. 1/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4367 of 2025 For Petitioner : Mr.C.Anbu ORDER The present revision petition has been filed challenging the order dated 29.04.2025 in and by which the plaint has been rejected, even at the numbering stage. This Court, in Selvaraj Vs. Koodankulam Nuclear Power Plant India Limited, reported in 2021 3 LW677, has issued directions to Trial Courts with regard to dealing with suits at the registration stage i.e., at the stage of numbering. The Trial Court is exercising only a ministerial act and not a judicial act. At the stage of numbering the suit, the plaintiff cannot be non-suited, by passing an order rejecting the plaint. 2. In the light of the above, I am inclined to set aside the order of Principal District Court, Coimbatore dated 29.04.2025. The learned Principal District Judge shall number the suit, if it is otherwise in order and it shall be open to the defendants to file any application seeking rejection of the plaint under Order 7 Rule 11 of CPC, if they are so advised. 2/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4367 of 2025 3. This Civil Revision Petition is allowed. No costs. 12.09.2025 Index : No Internet : Yes jas To The learned Principal District Judge, Coimbatore. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.No.4367 of 2025 P.B.BALAJI.J, jas C.R.P.No.4367 of 2025 12.09.2025 4/4 https://www.mhc.tn.gov.in/judis