MANGALAM AMMA Vs. JAYASINGH

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order of retuning the plaint in unnumbered suit in O.S.No.. of 2019 dated 25.04.2019 on the file of the District Court, Thoothukudi.

(2.) The revision petitioners are the plaintiffs. The first plaintiff is the mother of plaintiffs 2 to 7. One Rathinasingh is the husband of the first plaintiff and father of the plaintiffs 2 to 7. The plaintiffs, by alleging that the suit properties were belonging to the parents of defendants 1 to 4 and said Rathinasingh, has filed the suit for partition claiming 1/5 share before the District Court, Thoothukudi. The learned District Judge has returned the plaint listing out 6 defects and the plaintiffs have represented the same after rectification. The learned District Judge has again returned the plaint on 25.04.2019 listing out the following 2 defects which are now under challenge;

(3.) Let us first consider the 1st return with respect to duplicate plaint. An interesting question has now come up for consideration as to whether duplicate plaint should contain the signature of all the plaintiffs and their Advocates. Section 26 of the Code of Civil Procedure contemplates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Similarly Order IV Rule 1 also contemplates that every suit shall be initialed by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf. Order IV Rule 1 reads as follow:-