K R Siddeswaran vs Tamil Nadu Soft Tennis Association on 19 December, 2024
16.In the light of the above discussions, while agreeing with the
learned II Additional District Judge that the claim of the defendants that the
suit is barred by virtue of the Tamil Nadu Societies Registration Act is
untenable. I have to hold that the District Court does not have jurisdiction to
try the suit. See Rajmohan V. Thiruvarur Kannada Sainigar Nala Munnetra
Sangam, 2021 SCC Online Mad 16011. The appropriate Court to deal with
the reliefs claimed is the District Munsif Court, Salem. Consequent with the
discussions, while confirming the dismissal of the rejection of the plaint, the
learned II Additional District Judge, is directed to return the plaint for its
presentation before the appropriate Court. On such return, the learned
District Munsif to whom the suit is transferred, shall number the suit
forthwith. Since the plaint is being returned in terms of Order VII Rule 10,
the evidence so far recorded cannot be relied upon by the learned District
Munsif. He has to de novo conduct the trial. See, EXL Careers and anr
V.Frankfinn Aviation Services, (2020) 12 SCC 667.
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