Madras High Court
CRP/1676/2023 of M. Gandhimathi Vs R. Bhuvaneshwari on 12 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 1676 and of 2023 and 4942 of 2024
CNR:{HCMA010895942023}
AND
CMP NO. 10948 OF 2023
M. Gandhimathi
D/o Late G.Rajabathar
..Petitioner(s)
Vs
1. R. Bhuvaneshwari
W/o G.Ramesh
2. G.Ramesh
S/o B.Govindarajulu
..Respondent(s)
CRP No. 4942 of 2024
CNR:{HCMA012249732024}
M.Gandhimathi
W/o. S.Manohar
..Petitioner(s)
Vs
1. R.Bhuvaneshwari
W/o. G.Ramesh
2. G.Ramesh
S/o. B.Govindarajulu,
..Respondent(s)
CRP No.1676 of 2023
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order dated 13.04.2023 passed by the XVII Additional Judge, City Civil Court, Chennai in IA.No.4/2022 in OS.No. 5494/2019.
CRP No. 4942 of 2024
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 13.04.2023 passed by the XVII Additional Judge, City Civil Court, Chennai in IA No. 5/2022 in OS No.
5494/2019 and allow the CRP
For Petitioner(s):
Mr.M.Murali
For Respondent(s):
Mr.A.R.Pradeep
For R1 and R2
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Order
These Civil Revision Petitions have been filed against the fair and decretal order passed in IA Nos.4 and 5 of 2022 in OS No. 5494 of 2019 wherein the application filed to reopen and recall PW1 and PW2 for further cross examination, came to be dismissed by the Court below.
2. Heard the learned counsel appearing on either side and also carefully perused the materials available on record as well as the order passed by the Court below.
3. The respondents are the plaintiffs who filed the suit in CS No.101 of 2014 before this Court seeking for the relief of recovery of a sum of Rs.61,20,000/- along with interest. Subsequently, the suit was transferred to the file of the XVII Additional City Civil Court, Chennai and it was renumbered as
OS No.5494 of 2019.
4. The petitioner, who is the defendant took a stand that there was no loan transaction and that the promissory note that was relied upon by the plaintiffs was a fabricated document.
5. The issues were framed and the suit reached the stage of trial. PW1 and PW2 were examined in chief and they were also cross examined on the side of the petitioner.
6. The matter was thereafter adjourned for examination of witness on the side of the defendant. In the meantime, an application was filed in IA No.2 of 2020 seeking to send the disputed promissory note for expert opinion. The said application came to be dismissed by the Court below on 16.12.2021. The evidence on the side of the defendant was closed and hence, an application was filed in IA No.3 of 2022 to reopen and the same was allowed.
7. At this stage, IA Nos.4 and 5 of 2022 was filed to reopen the suit and recall PW1 and PW2 for further cross examination. After these applications were filed, the order passed by the Court below in IA No.2 of 2020 came to be challenged before this Court in CRP (PD) No.1747 of 2022 and the said Civil Revision Petition came to be dismissed by this Court by an order dated
15.06.2022.
8. The applications filed by the petitioner /defendant were taken up for hearing and the Court below after hearing the rival contentions, came to a conclusion that the mere change of counsel on the side of the petitioner cannot be a ground for recalling PW1 and PW2 for further cross examination and there are absolutely no valid reasons to recall these witnesses and the Court also took into consideration the fact that the Civil Revision Petition filed by the petitioner was dismissed and once again, the petitions have been filed without any valid reasons. Aggrieved by the said order, these Civil Revision Petitions have been filed before this Court.
9. In the considered view of this Court, the petitioner / defendant is defending herself in a suit filed by the plaintiff for recovery of nearly a sum of Rs.61,20,000/- along with interest. The petitioner /defendant has also lost the opportunity of sending the promissory note for expert opinion, since the Civil Revision Petition has been dismissed. In view of the same, one last chance can be given to the petitioner /defendant to recall PW1 and PW2 for further cross examination. It is true that merely engaging a new counsel can never be a ground to recall a witness. However, considering the nature of defence that has been taken by the petitioner /defendant, one chance can be given to recall PW1 and PW2 for further cross examination by putting the petitioner under stringent conditions.
10. In the light of the above discussion and in order to provide last opportunity to the petitioner, the fair and decretal order passed in IA Nos.4 and 5 of 2022 in OS No.5494 of 2019 is hereby set-aside and these Civil Revision Petitions are disposed of in the following terms:- (a) The petitioner shall pay a cost of Rs.15,000/- each to PW1 and PW2 when they appear before the Court to undergo further cross examination.
(b) The Cross examination of PW1 and PW2 shall be completed on the same day they appear before the Court and if the petitioner fails to cross examine the witness on the date of their appearance, the right of the petitioner to recall the witness shall stand forfeited.
(c) The XVII Additional Judge, City Civil Court, Chennai is directed to dispose of the suit in OS No.5494 of 2019 within a period of three months from 04.12.2026. No costs. Consequently, the connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To, The XVII Additional Judge, City Civil Court, Chennai
N.ANAND VENKATESH J. RKA CRP Nos. 1676 and 4942 OF 2024 12-10-2026