IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26218 of 2008(U) -------------------------- OS../2008 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER: ------------ D.SURESH BABU, MURALEE SADANAM, THEEPUKAL, KOLIYACODE, NADUMANGAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- THE CHIEF PASSPORT OFFICER, PASSPORT OFFICE, NANCHIYOOR, TRIVANDRUM. BY ADV.SHRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.26218 of 2008 ------------------------------- Dated this the 3rd September, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India contending that Munsiff, Nedumangad, did not receive Ext.P4 plaint, when presented before that court on 21.8.2008. A direction is sought to the Munsiff to accept Ext.P4 plaint and Ext.P5 petition. 2. Learned counsel appearing for the petitioner and learned Assistant Solicitor General were heard. 3. When a plaint is presented before the Court, the Court is bound to receive the same. If there is a defect, the defect is to be noted and is to be returned to the plaintiff to cure the defect. If the plaint is liable to be rejected on any of the grounds, provided under Order VII of Code of Civil Procedure, the Court is competent to reject the plaint also. Therefore, when the plaint is presented, the Court shall either receive the plaint and W.P.(C) No.26218 of 2008 2 number the same, or return the same to cure the defect, noting the defect, if any, or reject the plaint, as provided under the Code of Civil Procedure. The Court cannot return the plaint without any endorsement. Munsiff, Nedumangad, is directed to receive the plaint, if presented by the petitioner, and proceed with the same, in accordance with law, either numbering the same or returning the same for curing the defect, or rejecting the plaint itself. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.