Madras High Court
CRP/5868/2026 of A.G.Rajan Vs G.Nagayyan @ G.R.Nagaiyan on 5 October 2026
CRP No. 5868 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5868 of 2026
CNR:{HCMA011964802026}
AND
CMP NO. 25363 OF 2026
1. A.G.Rajan
S/o Ayyasamy
2. S.Tamil Selvi
w/o A.G.Rajan
..Petitioner(s)
Vs
1. G.Nagayyan @ G.R.Nagaiyan
s/o Kottai D.Govarthanan
2. Kottai Govarthanan Ramesh @ K.G.Ramesh s/o Kottai D.Govarthanan both are rep by power of attorney agent Mohammed Raffee, S/o Mohammed Rafee, M.S.Tower, No.3, Yadhava street, CTH Road, Padi, Chennai 600 050
3. Raju
s/o Chinnadurai
4. The Assistant Engineer (O and M) Padi, CEDC
- West
230 KVA, SS Complex,
Opp to Britania,
Padi, Chennai 600 050
..Respondent(s)
Civil Revision Petition filed under Section 115 of CPC to set aside the fair and decretal order dated 22.06.2026 passed by the Subordinate Judge
CRP No. 5868 of 2026
Court, Ambattur in IA No.7 of 2025 in OS No.1255 of 2023.
For Petitioner(s):
M/s. M.Srinish Mohan
for Blue Star Law Associates
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Order
This Civil Revision Petition has been filed under Section 115 of C.P.C against the fair and decretal order passed by the Subordinate Judge, Amabattur in I.A.No.7 of 2025 in O.S.No.1255 of 2023 whereby the application filed by the petitioners/3rd and 4th defendants under Order VII Rule 11 of C.P.C seeking rejection of plaint was closed by the Court below by granting liberty to the petitioners to re agitate the matter on the ground that the plaint has been returned for want of pecuniary jurisdiction and that whenever such plaint is represented before the concerned Court, the petitioners can re-agitate the matter.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The respondents 1 and 2 are the plaintiffs, who instituted the suit in O.S.No.1255 of 2023 seeking for the relief of declaration of title and consequential permanent injunction. The petitioners were impleaded as the defendants 3 and 4 at a later point of time and they have filed an application seeking for rejection of plaint in I.A.No.7 of 2025 on the ground that there is no cause of action for maintaining the suit and that the relief sought for by the
CRP No. 5868 of 2026
plaintiffs were hopelessly barred by limitation.
4. The Court below while dealing with the application came to a conclusion that the Court has no jurisdiction to decide the suit since it does not have the pecuniary jurisdiction. Accordingly by an order dated 22.06.2026, the plaint was returned by giving liberty to the petitioners to re agitate the grounds raised in the application for rejection of plaint, as and when the plaint was represented before the concerned Court having jurisdiction and the suit was prosecuted by the plaintiffs.
5. In the considered view of this Court, the order passed by the Court below doses not suffer from any perversity warranting the interference of this Court. The Court below found that it lacked pecuniary jurisdiction and therefore, the plaint was returned. Under such circumstances, there was no need for the Court to deal with the application filed for rejection of the plaint since liberty has been granted to the petitioners. Reiterating the same, this Civil Revision Petition can also be disposed of.
6. In view of the above, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA
CRP No. 5868 of 2026
N.ANAND VENKATESH J. RKA To The Subordinate Judge Court, Ambattur CRP No. 5868 of 2026 AND CMP NO. 25363 OF 2026 05-10-2026