P ASHOK KUMAR Vs. P K PERIYASAMY; ANUSUYA

JUDGEMENT

(1.) This revision invoking the power of superintendence of this High Court over the Subordinate Courts under Article 227 of the Constitution of India has been preferred against the repeated returns of the plaint made by the Court below without either numbering it as a suit or rejecting it. As the decision to be taken is only an ex-parte decision, there is no need to issue notice to the respondent herein.

(2.) The petitioner has filed a suit in CFR.No.134 of 2016 on the file of the Sub Court, Rasipuram for a declaration that a settlement deed dated 23.04.2015 registered as document No.1948 of 2015 and executed by the first respondent in favour of the second defendant is null and void and for consequential permanent injunction not to alienate or alter the suit properties.

(3.) The plaint was returned for the first time on 04.01.2016 stating the following reasons:-