Madras High Court
CRP(MD)/54/2026 of T.Nithiya Vs Divya on 15 October 2026
CRP(MD) No. 54 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 54 of 2026
CNR:{HCMD011934222025}
AND
CMP(MD) NO. 259 OF 2026
T.Nithiya
..Petitioner(s)
Vs.
1. Divya
2. Minor. Harisakthi
Rep. by her mother and natural guardian Divya.
3. Moorthi
4. Kalliyammal
5. Minor Akash
Rep. by her mother and natural Guardian Divya.
..Respondent(s)
PRAYER: J-36. Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order dated 20.11.2025
passed by the District Judge, Karur, in IA filing No.9140/2025 in MCOP
NO.337/2024, and consequently direct the said court to take the petitioners Interim Application on file and adjudicate the same in accordance with law.
CRP(MD) No. 54 of 2026
For Petitioner(s):
Mr.D.Shanmugaraja Sethupathi
For Respondent(s):
M/s.P.Aathimoola Pandian - Legal
Aid Counsel For R3 & R4
No appearance – For R1, R2 & R5
Citations and Judicial Treatment
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Order
The civil revision petition is filed against the docket order dated 20.11.2025 passed in IA.Filing No.9140 of 2025 in MCOP.No.337 of 2024 on the file of the District Court, Karur.
2. The petitioner is the sole respondent. The respondents are the claimants who filed a petition claiming compensation for the death of one Bhagavathi, died in a road accident. The petitioner has been arrayed as a respondent, since the vehicle involved in the accident was standing in her name.
3. According to the petitioner, she has already sold the vehicle to one N.Dayalan and hence, she wants to implead him as a necessary party. She further states that at the time of accident, the vehicle was driven by one Paramasivam and therefore, a criminal case was filed against him and subsequently, he was acquitted on the ground that the
CRP(MD) No. 54 of 2026 deceased Bhagavathi, who drove the two-wheeler was in a drunken mood. Therefore, she wants to implead him as a necessary party. Therefore, she filed a petition to implead both the parties, namely, N.Dayalan and Paramasivam as respondents 2 and 3 under Order 1 Rule 10(2) of CPC. The said petition was returned by the trial Court on 11.11.2025 by stating that how the petition is maintainable. Subsequently, the petitioner re-presented the same on 14.11.2025 and she also submitted all the relevant citations to prove her case. However, once again the petition was returned on 20.11.2025 by holding that the previous return stands hold good. Against which the present civil revision petition is filed.
4. This Court verified the endorsement made by the trial Court. Even though the petitioner has filed relevant citations, the trial Court without specifically mentioning on what ground, they have once again returned the petition, simply stated that the previous return holds good. Before returning the petition, the Judicial Officer has to verify whether the citations quoted by the Advocate is relevant or not and whether the return really holds good. It is the duty of the Judicial Officer to verify the same before signing the petition.
CRP(MD) No. 54 of 2026
5. Therefore, the petitioner is directed to re-present the petition before the trial Court and the trial Court is hereby directed to the verify the petition and number the same, if it is otherwise in order within a period of one week from the date of filing the petition.
6. With the above direction, this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RM Note : Registry is directed to return the original petition to the learned counsel for the petitioner after obtaining photostat copy of the same. Copy to The District Court, Karur.
CRP(MD) No. 54 of 2026 R.POORNIMA J. RM CRP(MD) No. 54 of 2026 AND CMP(MD) NO. 259 OF 2026 15-10-2026