- Court
- High Court of Madras
- Decided
- 5 February 2026
- Bench
- S. Sounthar
- Case no.
- CRP 491/2026
Judgment
O R D E R The Civil Revision Petition is filed seeking a direction to the 1st Additional Judge, City Civil Court, Chennai to number the plaint in O.S.SR.No.5515 of 2024.
¶2The petitioner herein filed a suit seeking declaration of title over 'B' schedule property and for permanent injunction restraining the defendants 1 to 3 from interfering with his peaceful possession and enjoyment of the 'B' schedule property.
¶3The plaint was returned by the Trial Court raising objection with regard to the maintainability of the suit due to the pendency of the SARFAESI Proceedings. The petitioner represented the plaint by offering his explanation. The Trial Court again returned the plaint twice and the last return was made on 04.12.2025 stating that the objection raised by the Court still holds good.
¶4If the Court is not satisfied with the explanation offered by the petitioner/plaintiff, the matter should have been called in open Court for argument. Instead of following the said procedure, the Trial Court is not justified in returning the plaint again and again on the very same ground.
¶5Therefore, the petitioner is directed to represent the plaint before the Trial Court by offering his explanation, within a period of two weeks from the date of receipt of copy of this order. If the learned 1st Additional Judge, City Civil Court, Chennai is not satisfied with the explanation offered by the petitioner, the matter shall be called in open Court and petitioner shall be afforded with an opportunity to putforth his case and thereafter, the learned 1st Additional Judge, City Civil Court, Chennai, shall pass orders on it's own merits and in accordance with law.
¶6With the above direction, the Civil Revision Petition is disposed of. No costs.
05.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm Note: The Registry is directed to return the original plaint in O.S.SR.No.5515 of 2024 to the learned counsel for the petitioner after obtaining necessary endorsement. To The 1st Additional Judge, City Civil Court, Chennai.
S.SOUNTHAR, J. dm
05.02.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.02.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR N.Anandaraj, S/o. Mr.T.G.Nagarajan, residing at #6, Robinson Road, Apt#H, Rockyhill, Connecticut-060607 United States of America and Rep. by his Power of Attorney Agent Mr.T.G.Nagarajan S/o. Late T.M.Govindasamy, residing at 587, Velmurugan Street, Cheyyar, Tiruvannamalai District, Tamil Nadu – 604 407 ... Petitioner vs. 1.M/s.Sandard Chartered Bank, Represented by its Branch Head, 58, Armenian Street, Chennai-600001. 2.Kala Shanmugham 3.K.K.Shanmugham 4.K.S.Ramesh 5.Ramesh 6.A.Harikrishnan 7.S.Udayakumar 8.M.Shanmuganathan 9.Sankaranarayanan ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned 1st Additional Judge, City Civil Court, Chennai to take on file and number OS.SR.No.5515 of 2024 and to allow this Civil Revision Petition. For Petitioner : Mr.P.V.Ramachandran
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.