LAWS(MAD)-2009-9-108

R MANICKAM Vs. SENGUNTHAR CHARITABLE TRUST

Decided On September 03, 2009
R. MANICKAM Appellant
V/S
SENGUNTHAR CHARITABLE TRUST, Respondents

JUDGEMENT

(1.) THE plaintiffs, in a suit filed before the District Court, Namakkal, in S.R.No.1825 of 2009, are the revision petitioners. THE prayer is to direct the lower court to register the plaint, instead of returning the matter time and again on the ground of non-compliance of the directions.

(2.) THE suit vide S.R.No.1825 of 2009 was preferred by the revision petitioners praying for framing a Scheme in respect of the first respondent trust under Section 92 of the Code of Civil Procedure.

(3.) SHORT cause title to be furnished correctly.Retd: Time one month.Xxx XxxSd/.PDJ Sd/.PDJ15.4.09 Namakkal 15.4.09" The defects as indicated by the Court was rectified and it was re-presented on 15.4.2009 itself. 4. The plaint was once again returned on 15.5.2009 with the following remarks. RETURN NO.II"Previous return No.4 complied with is not satisfactory.Retd: Time one month.Xxx Xxx15.5.09 Sd/.PDJ Namakkal 15.5.09"The defect pointed out on 15.5.2009 was answered by the petitioners and the plaint was again re-presented. 5. The re-presented plaint was returned for the third time on 19.6.2009 with the following remarks:-RETURN NO.III "Value of the suit to be mentioned in the plaint and under correct provision of law under Court Fees Act and deficit court fee if any to be paid."Retd: Time one month.Xxx Xxx19.6.09 Sd/.PDJ Namakkal 19.6.09"The details sought for by the learned District Judge was furnished and the plaint was accordingly re-presented.