AIR 1953 MADRAS 897

Madras High Court

Hon'ble Judge(s): P. V. Rajamannar , C.J. AND Venkatarama Iyar , J

Civil P.C. (5 of 1908) , O.7 R.10, O.49 R.3(1), S.151— Letters Patent (1865) (Mad) , Cl.1— Constitution of India , Art.215— Plaint filed on Original Side - Power to return for representation - Practice of High Court. Practice - High Court (Madras).28 Mad 216, AIR 1927 Mad 846 and C.S. No.420 of 1921 (Mad.), Dissented from. Though there is no express provision in the Code or in the rules framed by the Madras High Court for the return of a plaint filed on the Original Side of the High Court when it is found that the Court has no jurisdiction to entertain the suit, the Court has inherent power to make an order directing the return of the plaint if it is necessary for the ends of justice or to prevent abuse of the process of Court. For the purpose, however, of preserving the proceedings taken in the High Court a verified copy of the plaint should be made and filed in place of the original which is returned. 8 Bom 313 (FB) and AIR 1934 Rang 342, Rel. on. 8 Bom 380, Not foll. AIR 1916 Bom 227, Ref.(Para 12 13) Ordinarily a Court would be loath to depart from a practice which has been in vogue in that Court for a long time. But when it is not clear why the practice of not returning the plaints filed on the Original Side of the High Court was followed, and when insistence on a continuation of the pra....