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2012 DIGILAW 3122 (MAD)

Trustees Body of Maharishi Trustee rep. by its President & Trustee T. M. Ravi, Tiruvannamalai District v. C. Manoharan

2012-07-19

G.RAJASURIA

body2012
Judgment 1. This civil revision petition is focussed as against the return of plaint in O.S.No.919 of 2011 dated 06.01.2012 by the learned Principal District Munsif cum Judicial Magistrate at Chengam, Tiruvannamalai District. 2. Heard both sides. 3. A thumbnail sketch of the germane facts, in a few broad strokes, absolutely necessary for the disposal of this civil revision petition would run thus: (i) The revision petitioner herein filed the suit seeking the following reliefs: - To pass a judgment and decree as against the defendant a) for declaring the plaintiffs rights as duly elected office bearers of the Maharishi Education Trust and are entitled to manage the Maharishi Education Trust and all its affairs and assets, properties; b) granting a permanent injunction restraining the defendants interference into the managerial acts of the plaintiffs over the Trust and its assets, properties; c) granting a mandatory injunction directing the defendant to handover the accounts audit reports other files etc., in his custody before his removal from the Managing Trustee and d) for costs. (extracted as such) (ii) After hearing both sides, the court passed a judgment ordering return of the plaint. The operative portion of the judgment would run thus: "9. In the result, as per Section 92 of CPC, the Principal Civil Court alone has jurisdiction to try this suit. Hence this plaint is returned u/O 7 Rule 10 of CPC to present it before proper court. Time for presentation is one month." (iii) Being aggrieved by and dissatisfied with the same, this revision is focussed. 4. When the matter has come up for hearing, this court raised a point before the learned senior counsel for the revision petitioner as to how this revision would lie under Article 227 of the Constitution of India when adequate and effective appeal remedy is contemplated under Order 43 Rule 1(a) of the Code of Civil Procedure, which is reproduced here under for ready reference: ORDER XLIII – Appeals from Orders 1. Appeals from orders-An appeal shall lie from the following orders under the provisions of Section 104, namely:- (a) an order under Rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in Rule 10A of Order VII has been followed]. Appeals from orders-An appeal shall lie from the following orders under the provisions of Section 104, namely:- (a) an order under Rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in Rule 10A of Order VII has been followed]. Whereupon, the learned senior counsel for the revision petitioner would appropriately and appositely accept the legal position and leave it to court to pass suitable orders. 5. In view of the aforesaid appeal remedy available, this court orders thus: The Registry shall return the certified copies of the order and decreetal order to the learned counsel for the petitioner immediately so as to enable them to file Civil Miscellaneous Appeal before the appropriate forum excluding the period between the date of filing of this civil revision petition and the date of this order, including the time taken to obtain the certified copy of this order. In the meanwhile, I would also like to observe that it is open for the revision petitioner to take return of the plaint and present it before the appropriate court as ordered by the court below and the option is with the revision petitioner. 6. With the above direction, this civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.