S.MANI Vs. S.ADAIKKAN

JUDGEMENT

(1.) This revision petition has been filed to direct the learned Principal District Judge, Pudukkottai, to number the plaint in Unnumbered O.S.SR.No.176 of 2017 which was returned on 17.08.2017.

(2.) The revision petitioner is plaintiff and respondents are defendants. The plaintiff filed the suit in O.S.SR.No.176 of 2017 for passing a preliminary decree by declaring that the plaintiff is entitled to 1/4th share over the suit properties and consequently pass a final decree by appointing a Court commissioner for dividing and allotting 1/4th share in favour of the plaintiff. The learned Judge returned the plaint stating that Section 16 CPC alone is applicable for the suit properties and Section 17 CPC is not applicable to the suit for partition. Therefore, the counsel resubmitted the plaint with the following endorsement:-

(3.) Thereafter, when the Court below asked the counsel to produce any authority about the maintainability of the suit, the counsel produced the judgment in Prem Kumar and another vs. Dharmam Pal Sehgal and others reported in AIR 1972 Delhi 91, for maintainability. But the Court below returned the plaint on 17.08.2017 stating as follows:-