Madras High Court
CRP/1278/2024 of S. VADIVEL Vs K. SELVI on 14 October 2026
CRP No. 1278 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1278 of 2024
and
CMP No.6744 of 2024
CNR:{HCMA010502562024}
S. Vadivel
Petitioner(s)
Vs
1. K. Selvi
2.R.Rajamanickam
3.V.Ravishankar
4.P.Lazar
5.Saraswathi Ammal
6.Alamelu
7.R.Madhavan
8.N.Saroja
9.A.Murugan
10.N.Vasantharajan
11.N.Gnanavel
12.N.Sridhar
13.N.S.Padmavathi
Respondent(s)
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CRP No. 1278 of 2024
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the impugned order dt. 24.01.2024 passed in IA No.7 of 2023 in OS No.72/2006
by the II Additional District Judge, Salem and permit the Petitioner to recall PW7 for further cross examination in the interest of justice.
For Petitioner(s):
Dr.A.Thiyagarajan
Senior Counsel
for Mr.C.Anbumozhi
For Respondent(s):
Mr.N.Umapathi
for R8, R10 to R12
For R1 to R7
R9 and R13 – NRN
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.7 of 2023 in OS No.72/2006, dated 24.01.2024, on the file of the II Additional District Judge, Salem, wherein the application filed by the petitioner/plaintiff to recall PW.7 for further cross examination came to be rejected by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents.
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CRP No. 1278 of 2024
3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.
4. The petitioner is the plaintiff who filed the suit in OS.No.72 of 2006 seeking for the relief of specific performance or in the alternative for refund of the advance amount. The suit was at the stage of examination of witnesses. At that stage, an application came to be filed in IA.No.7 of 2023, to recall PW.7 for further cross examination on the ground that PW.7 was a hostile witness and certain facts are to be elicited from PW.7 by means of further cross examination by the plaintiff.
5. The Court below has dismissed the application on the ground that the application lacks merits and that PW.7 was already cross examined by the plaintiff and the suit was pending from 2006 onwards and the present application has been filed in 2023 without any basis. Aggrieved by the said order, the present CRP has been filed before this Court.
6. In the considered view of this Court, PW.7 has not supported the case of the plaintiff and therefore turned as a hostile witness and he was also cross examined. Beyond that, it is not necessary to once again recall PW.7 for cross examination since in any case this witness is not going to support the plaintiff.
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CRP No. 1278 of 2024
7. Apart from that it is seen that the suit is of the year 2006 and this application was filed in the year 2023. Therefore, the reasoning given by the Court below while dismissing the application does not suffer from any perversity warranting the interference of this Court.
8. In the result, the order passed by the Court below is sustained and this Civil Revision Petition is dismissed. There shall be a direction to the learned II Additional District Judge, Salem, to dispose of the suit in OS.No.72 of 20206, within a period of three months from the date of receipt of a copy of the order.
8. In the result, this Civil Revision Petition is dismissed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 1278 of 2024 To II Additional District Judge, Salem.
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CRP No. 1278 of 2024 N.ANAND VENKATESH J. kp CRP No. 1278 of 2024
14-10-2026
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