Madras High Court
CRP/5050/2026 of N.Sivakumar Vs Vital Spark Software Solutions Private Limited on 21 August 2026
CRP No. 5050 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5050 of 2026
1. N.Sivakumar, S/o M.Nethaji,
No.6/17, 1st Floor,
Model Hutment Road,
East CIT Nagar, Nandanam,
Chennai- 600 035.
2. J.Jayasree, W/o N.Sivakumar,
No.6/17, St Floor Model Hutment Road,
East CIT Nagar,Nandanam,
Chennai- 600 035.
..Petitioner(s)
Vs
1. Vital Spark Software Solutions Private Limited, Registered Office as per Records of Registrar of Companies is, Golden Palaza, First Floor Perumal West, Car Street, Tirunelveli Junction, Tirunelveli- 627001.
Communication address,
Old No.24A, New No.63A,
Samanthar St, Tirunelveli Town- 627 006.
2. Vinoth, S/o Sankarapandian,
Old No24A, New No.63A Samanthar St,
Tirunelveli Town 627 006.
3. Muthuganesh
S/o Sankarapandian,
Old No24A, New No.63A Samanthar St,
Tirunelveli Town 627 006.
CRP No. 5050 of 2026
4. M.Saravanan,
S/o Murugan,
No.7, Sardharpuram North Street,
Amaravathi Nagar,
Palaiyapettai,
Tirunelveli- 627 008.
5. Alex Pandian,
S/o Krishnaswamy,
Director,
M/s Clayas Industrial Infrastructures Private Limited, Registered office at no.560/562 Block 1C, Century Plaza, Mount Road, Teynampet, Chennai- 600 018.
6. Topaz Technologiies,
Rep.by 5th defendant,
New No.74, Old No.20 1st Floor,
Dhanalakshmi Apartments,
1st Avenue ,
Ashok Nagar,
Chennai- 600 042.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to Principal Judge, City Civil Court at Chennai to register the plaint dated 01-03-2025 filed on 01.03.2025 vide OS.SR.No.2673 of 2025 as original Suit.
For Petitioner(s):
Mr. Nithyaesh Nataraj
for Mr. B.Kalaiyarasan
CRP No. 5050 of 2026
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ORDER
This Civil Revision Petition has been filed seeking direction to the Principal Judge, City Civil Court, Chennai to register the plaint in O.S.Sr No.2673 of 2025, dated 01-03-2025 as original Suit.
2. I have heard Mr.Nithyaesh Nataraj, learned counsel for the petitioners.
3. The revision petitioners, as plaintiffs, have filed a suit in O.S.Sr No.2673 of 2025, seeking various reliefs and had valued the suit at Rs.40,200/- and paid court fees at Rs1,206/-. The said plaint was returned by the Trial Court seeking clarification with regard to the reliefs sought for and also valuation of the suit for such reliefs. Thereafter, the petitioners have carried out necessary corrections in the plaint and re-presented it on 05.04.2025 and again on 07.04.2025, with a request to post the matter for maintainability in open court. In fact, according to the petitioners, the matter was heard by the then I Additional Judge, City Civil Court in open court on 22.04.2025 and 28.04.2025, however, before arguments could be concluded on the maintainability of the suit, a new Judge assumed office. Thereafter, the Registry, despite being put on notice about of the factum of hearing not being concluded in the open court, has once again returned the plaint, referring to the earlier returns, which have been complied with and also argued before the
CRP No. 5050 of 2026 learned I Additional Judge, City Civil Court, Chennai in open court. Therefore, the petitioners, seeks limited relief to the learned Principal Judge, City Civil Court, Chennai to register the plaint dated 01.03.2025 in O.S.Sr No.2673 of 2025.
4. This court in K.Selvaraj Vs. Koodankulam Nuclear Power Plant India Limited reported in (2021) 5 MLJ 467 had held that, it is not for the Registry to take up the position of the defendants and raise objections, when it is always open to the defendants to be served in the suit and thereafter, come up with all objections available to them, including seeking rejection of plaint. In fact, the then Presiding Officer of the I Additional District Judge, City Civil Court, Chennai has rightly posted the matter in open court and was in the process of hearing the counsel for the plaintiffs on the maintainability issue, with regard to the returns made by the Registry. However, the said arguments on maintainability, admittedly, were not concluded. In the interregnum period, a new Presiding Officer has taken over and in such circumstances, the Registry should have brought to the notice of the new Presiding Officer with regard to the factum of the matter being part heard in the open court and should have in all fairness listed the matter for fresh arguments before the successor Judge, But, the Registry has once again returned the plaint, in fact, relying upon the earlier returns, which have already been addressed by the plaintiffs.
CRP No. 5050 of 2026
5. In the light of above, a direction is issued to the I Additional District Judge, City Civil Court, Chennai to post the matter for maintainability in open court and after hearing the counsel for the plaintiffs, the court shall decide the issue of maintainability and pass final orders, within a period of one week from the date of receipt of copy of the order. The Registry shall return the original plaint to the counsel for the petitioners to enable the petitioners to re-present it before the Trial Court, within a period of one week from the date of copy of order being uploaded in the website.
6. With the above directions, this civil revision petition is allowed. There shall be no order as to costs. 21-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST
1. The Principal Judge, City Civil Court, Chennai.
2. The I Additional Judge, City Civil Court, Chennai.
CRP No. 5050 of 2026 P.B.BALAJI, J. MST CRP No. 5050 of 2026 21-08-2026