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
¶ 2The 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
¶ 3The petitioner invoked Article 227 of the Constitution seeking a direction to number the suit
¶ 1The 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
¶ 5–602Issues
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
¶ 3–5ii.Whether the unnumbered plaint should be directed to be numbered, subject to it otherwise being in order
¶ 703Law Applied
Article 227 of the Constitution was invoked as the basis for the High Court’s supervisory intervention
¶ 1The 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
¶ 5The 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
¶ 6In these circumstances, the Court directed numbering, while preserving the qualification that the plaint must otherwise be in order
¶ 705Holding
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.
¶ 7The Registry was directed to return the original impugned order to the petitioner for re-presentation after retaining a copy; no costs were awarded.
¶ 7Original Court PDF
Mahendraselvan,vsP.Velmurgan Krishnan,
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
