IBCArticle·13 March 2026
IBC Trail Court and High Court
By J the App
Executive Summary
The Madras High Court held that a trial court cannot reject a plaint before numbering the suit merely on grounds of limitation or a perceived jurisdictional bar under the Insolvency and Bankruptcy Code.
At the stage of filing, courts perform only a ministerial function and should not adjudicate disputed legal issues.
Questions such as limitation often involve factual examination and must be decided during trial. The High Court therefore set aside the order rejecting the plaint and directed the trial court to number the suit and proceed according to law.
The Madras High Court in Civil Revision Petition No. 511 of 2026, decided on 4 February 2026, dealt with an important procedural...
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