CRP/2068/2026 of Saraswathy, Vs Devaraj Naidu (Died) 1. Chakarapani,

CRP No. 2068 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V .THAMILSELVI CRP No. 2068 of 2026 1. Saraswathy, W/o.Srinivasan, No.4, 12th Cross Street, Sri Mahalakshmi Nagar Extension -1, Near Kokila Street, Nandivaram Village, Guduvancheri -603 202. Petitioner(s) Vs 1. Devaraj Naidu (Died) 1. Chakarapani, S/o.Devaraj Naidu, No.37, Sengazhani amman Koil Street, Nandivaram Village, Guduvancheri Post, Chengalpattu Taluk, Kanchipuram District 603 202. 2.Vaithiyanthi, W/o.Govardhana Naidu, No.4, 12th Cross Street, Sri Mahalakshmi Nagar Extension -1, Near Kokila Street, Nandivaram Village, Guduvancheri -603 202. 3.Shanmugham, S/o.Elumalai Naicker, No.22, Gengaiamman Koil Street, Karanaipuducheri, Chengalpattu -603 202. 4.Soundarajan, S/o.Chinnappa Naidu, No.23, Kamarajapuram 1st Street, Nandivaram Village, Guduvancheri Post, Chengalpattu Taluk, Kanchipuram https://www.mhc.tn.gov.in/judis CRP No. 2068 of 2026 District 603 202. Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of Indi a, prays to set aside the Order dated 09.10.2023 passed by the Principal District Judge, Chengalpet in unnumbered IA.SR.No.13838 of 2023 in O.S.No.15 of 2007. For Petitioner(s): Mr.S.Ramesh For Respondent(s): ORDER The revision petitioner has filed this revision to set aside the O rder dated 09.10.2023 passed by the Principal District Judge, Chengalpet in unnumbered IA.SR.No.13838 of 2023 in O.S.No.15 of 2007. 2. Before the trial Court, the revision petitioner filed an appli cation to reconstruct the plaint in O.S. No. 15 of 2007 on the file of the Princi pal District Court, Chengalpattu. Subsequently, the suit was transferred to the Subor dinate Court, Chengalpattu and renumbered as O.S. No. 229 of 2010. Thereafter, due to pecuniary jurisdiction, the plaint was returned on 20.06.2012 for presentat ion before the appropriate Court. 3. During this process, the case papers were misplaced and the plai nt could not be traced. The petitioner, who is aged about 65 years and i s a 50% disabled woman, had already paid the requisite court fee and sought perm ission https://www.mhc.tn.gov.in/judis CRP No. 2068 of 2026 to reconstruct the plaint to proceed with the trial. However, t he Court below dismissed the application at the numbering stage itself. 4. On perusal of the order passed by the learned trial Judge, it is se en that the application was rejected on the ground that the Court is not re sponsible for the loss of records by the petitioner's counsel, who has since passed away. 5. It is an admitted fact that the suit was originally filed and taken on file as O.S. No. 15 of 2007 before the Principal District Court, Chengalpattu and that necessary court fee had been paid. Due to pecuniary jurisdiction, the plaint was returned and later misplaced. The earlier counsel who handled the case is no more, and the petitioner is in possession of a copy of the plaint. 6. In such circumstances, permitting reconstruction of the plaint would not prejudice any party and is necessary in the interest of justice. The trial Court erred in dismissing the application on technical grounds. 7. Accordingly, the order passed by the learned trial Judge in unnumbered IA.SR.No.13838 of 2023 in O.S.No.15 of 2007, on the file of the Principal District Judge, Chengalpet is set aside. The petitioner is permitted to reconstruct https://www.mhc.tn.gov.in/judis CRP No. 2068 of 2026 the plaint. 8. The learned District Munsif, Chengalpattu is directed to reconstruct the plaint as prayed for. 9. Accordingly, the Civil Revision Petition is allowed. No costs. 22-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri https://www.mhc.tn.gov.in/judis CRP No. 2068 of 2026 To 1. The Principal District Judge, Chengalpet. 2.The Section Officer, VR Section, High Court of Madras. https://www.mhc.tn.gov.in/judis CRP No. 2068 of 2026 T.V .THAMILSELVI J. rri CRP No. 2068 of 2026 22-04-2026 https://www.mhc.tn.gov.in/judis