Madras High CourtAdministrative and Public LawCivil Procedure and Evidence

A plaint must be numbered without undue delay if otherwise in order.

Mahendraselvan,v.P.Velmurgan Krishnan,

A plaint must be numbered without undue delay if otherwise in order.. Mahendraselvan, vs P.Velmurgan Krishnan,. Madras High Court. LawLens
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In brief

The question

Whether the repeated return of the plaint, after the petitioner had answered the trial court office’s queries, warranted a direction under Article 227 of the Constitution

The court held

The Civil Revision Petition was disposed of with a direction to the concerned court to number the unnumbered plaint, if it was otherwise in order, without unnecessary delay.

It also directed

The Registry was directed to return the original impugned order to the petitioner for re-presentation after retaining a copy; no costs were awarded.

01Facts

The petitioner filed a suit in a representative capacity seeking, among other reliefs, to challenge a resolution appointing office-bearers and to obtain directions for an election and accounts

¶ 2

The District Munsif Court, Madurai, repeatedly returned the unnumbered plaint, including with a query about the suit’s maintainability in a representative capacity; after the petitioner answered that query, the plaint was returned again without a new ground

¶ 3

The petitioner invoked Article 227 of the Constitution seeking a direction to number the suit

¶ 1

The High Court called for a report, following which the trial court reported that the plaint was ready for numbering and that its office had been instructed to number it upon re-presentation or in accordance with the High Court’s directions

¶ 5–6

02Issues

i.Whether the repeated return of the plaint, after the petitioner had answered the trial court office’s queries, warranted a direction under Article 227 of the Constitution

¶ 3–5

ii.Whether the unnumbered plaint should be directed to be numbered, subject to it otherwise being in order

¶ 7

03Law Applied

Article 227 of the Constitution was invoked as the basis for the High Court’s supervisory intervention

¶ 1

The judgment does not set out or apply any other statutory provision or precedent as a rule of decision.

04Reasoning

The Court found that the petitioner had substantially answered the queries raised by the trial court office, yet the plaint remained unnumbered after repeated returns

¶ 5

The trial court’s report then confirmed that the plaint was ready for numbering and that the office had been directed to number it upon re-presentation or pursuant to the High Court’s directions

¶ 6

In these circumstances, the Court directed numbering, while preserving the qualification that the plaint must otherwise be in order

¶ 7

05Holding

The Civil Revision Petition was disposed of with a direction to the concerned court to number the unnumbered plaint, if it was otherwise in order, without unnecessary delay.

¶ 7

The Registry was directed to return the original impugned order to the petitioner for re-presentation after retaining a copy; no costs were awarded.

¶ 7
Madras High Court

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Mahendraselvan,vsP.Velmurgan Krishnan,

Madras High Court · October 12, 2026

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