Madras High Court
CRP/376/2026 of P.Apparsamy Vs R.Perumal alias Kaliaperumal (Died) 1. Venkatesh on 9 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 376 of 2026
and CMP No.2145 of 2026
CNR:{HCMA010083522026}
P.Apparsamy
Partner, Balaji Theatre, Kamaraj Salai,
Puducherry. Res. at No.8, Ganapathy
Street, Sithankudi, Pondicherry - 13.
Petitioner(s)
Vs
M/s.Balaji Theater
Puducherry
Rep.by its Partners
R.Perumal alias Kaliaperumal (Died)
1. Venkatesh (died)
2.K.Ramesh
3.The Registrar of Firms
O/o The Registrar of Companies No.
35, Elango Nagar, 1st Floor III Cross
Puducherry 605011
4.Vasantha
5.Latha Roy
6.Chitra
7.Mala
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8. Arthi
9.Nishivitha
10.Minior Rakshitha … Respondent(s)
(Minor rep.by her natural guardian/8th respondent viz., Arthi.
(R-1 died. R8 to R10 are impleaded vide order of Court dated 9.10.2026 made in CMP No.8666/2026
in CRP.No.376 of 2026 by NAVJ).
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Order dated 6.01.2026, passed by the Principal Sub Judge, Puducherry in IA.No.37 of 2026 in OS.No.115 of 2011.
For Appellant(s):
Mr.T.R.Rajaraman
For Respondent (s) : Mr.D.Ravichander
for R4 & R6, R8 to R10
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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.37 of 2026 in OS.No.115 of 2011, dated 06.01.2026, on the file of the learned Principal Sub Judge, Puducherry, wherein the application filed by the petitioner/3rd defendant to recall PW-3, PW-4 and PW-5 for cross examination, came to be rejected by the Court below.
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2. Heard the learned counsel for the petitioner and the learned counsel for respondents.
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. It is brought to the notice of this Court that PW-3, PW-4 and PW-5 are attesting witnesses to the Will. These witnesses have been examined in chief. When they came to the Court for cross examination unfortunately there was a Court boycott and hence, the advocate was not present before the Court. In view of the same, the Court below came to a conclusion that abstaining from the Court is not a sufficient reason for reopening the evidence of PW-3, PW-4 and PW-5 for cross examination and accordingly, dismissed the application. Aggrieved by the same, the present CRP has been filed before this Court.
5. It is also brought to the notice of the Court that this Court has already passed an order in CRP.Nos.1582 and 1587 of 2024 dated 26.08.2025 directing the Court below to conduct the trial on a day today basis and dispose of the suit as expeditiously as possible.
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6. In order to afford one opportunity to the petitioner to cross examine PW-3, PW-4 and PW-5 since the client should not suffer for the act of the advocate, this Court is inclined to interfere with the order passed by the Court below and accordingly, the same is hereby set aside.
7. It is brought to the notice of this Court that the suit is posted for hearing today. In view of the same, PW-3, PW-4 and PW-5 shall be present before the Court on 27.10.2026 and all the three witnesses shall be cross examined on the same day by the petitioner and at the best it can spill over to the next day. The earlier order passed by this Court shall also be kept in mind by the Court below while dealing with the main suit.
8. In the result, this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 09-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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To
1. Principal Sub Judge, Puducherry.
2. The Registrar of Firms O/o The Registrar of Companies No. 35, Elango Nagar, 1st Floor III Cross Puducherry 605011
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N.ANAND VENKATESH J. kp
CRP No. 376 of 2026 09-10-2026
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