Tiruvannamalai Partition Plaint Returned on SARFAESI Objection: High Court Directs Hearing if Needed
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Tiruvannamalai
The Madras High Court allowed re-presentation of a Tiruvannamalai partition plaint and directed an open-court hearing if the explanation did not satisfy the trial court.
The Madras High Court allowed re-presentation of a Tiruvannamalai partition plaint and directed an open-court hearing if the explanation did not satisfy the trial court.
Case reference — Sridhar and another v. Chakkarapani and others, C.R.P. No. 6913 of 2026, 3 November 2026, Justice S. Sounthar
Why the plaint was returned
The Principal Sub Court, Tiruvannamalai returned a plaint seeking partition and other reliefs after raising a maintainability objection under Section 34 of the SARFAESI Act. The petitioners challenged the return before the High Court.
What the High Court directed
The petitioners could re-present the plaint within two weeks of receiving the order and answer the objection. If satisfied, the trial court was to number the suit if otherwise in order. If unsatisfied, it was to call the matter in open court and hear the petitioners before deciding.
What remains for the trial court
The High Court prescribed a process for deciding the objection. It left the maintainability of the suit and the application of Section 34 to the facts for the trial court to determine.
Location-wise Internal Links
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