[Cites 2, Cited by 0]
Madras High Court
P.C.Nirmala vs Department Of Posts on 26 February, 2026
C.R.P.No.1035 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2026
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.1035 of 2026
1.P.C.Nirmala
2.P.C.P.Nathan ... Petitioners
vs.
1.Department of Posts,
Sr. Superintendent of Post Officer,
Chennai City North Division,
Chennai – 600 008.
2.Department of Post – India,
The Postmaster General,
Chennai City Region,
Chennai – 600 002.
3.Department of Post – India
The Chief Postmaster General
Tamil Nadu Circle,
Chennai – 600 002.
4.Government of India,
Rep. by Secretary
Department of Post,
Dak Bhavan,
New Delhi – 110 001. ... Respondents
1/6
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C.R.P.No.1035 of 2026
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order dated 16.10.2025 passed in O.S.
(S.R).No.6401 of 2025 by the learned 1 st Additional Judge, City Civil Court,
Chennai, consequently direct the Registry to number the suit.
For Petitioners : Mr.R.Raman Laal
ORDER
The Civil Revision Petition is filed challenging the order passed by
the 1st Additional Judge, City Civil Court, Chennai in O.S.(SR).No.6401 of
2025, dated 16.10.2025 returning the plaint presented by the petitioners
seeking recovery of arrears of rent.
2. A perusal of the impugned order of return would indicate that the
plaint was returned on the following two grounds:-
(i) The suit for recovery of arrears of rent filed by the petitioners is in
respect of rental agreement concerning a commercial premises and
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therefore, the dispute will come under Section 2(1)(c)(vii) of the
Commercial Courts Act, 2015.
(ii) Secondly, the Trial Court raised the question of limitation.
3. The learned counsel appearing for the petitioners would submit
that as far as first objection raised by the Trial Court is concerned, he has no
objection and the plaint shall be presented before the jurisdictional
Commercial Court. The learned counsel appearing for the petitioners has got
certain grievance only in respect of the second objection raised by the Court
while returning the plaint.
4. In view of the statement made by the learned counsel for the
petitioners that he has no grievance in respect of the first objection, the
petitioners have to represent the plaint before the Proper Forum having
jurisdiction.
5. As far as second objection in respect of limitation is concerned,
the petitioners shall give their explanation and the same shall be considered
on merits and in accordance with law by the Court before which the plaint is
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represented. The petitioners are given two weeks time from the date of
receipt of copy of this order, to represent the papers before the concerned
Commercial Court.
6. With this clarification, the Civil Revision Petition is disposed of.
No costs.
26.02.2026
Index : Yes / No
Speaking order : Yes / No
Neutral Citation : Yes / No
dm
Note: The Registry is directed to return the original plaint in
O.S.SR.No.6401 of 2025 to the learned counsel for the
petitioners, after obtaining necessary endorsement.
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To
1.The 1st Additional Judge,
City Civil Court, Chennai.
2.Sr. Superintendent of Post Officer,
Department of Posts,
Chennai City North Division,
Chennai – 600 008.
2.The Postmaster General,
Department of Post – India,
Chennai City Region,
Chennai – 600 002.
3.The Chief Postmaster General
Department of Post – India
Tamil Nadu Circle,
Chennai – 600 002.
4.Secretary
Government of India,
Department of Post,
Dak Bhavan,
New Delhi – 110 001.
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S.SOUNTHAR, J.
dm
26.02.2026
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