Madras High Court

CRP(MD)/2709/2026 of Somasundaram Vs C. Rajasekaran on 7 October 2026

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CRP(MD) No. 2709 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07-10-2026

CORAM

THE HON'BLE MS.JUSTICE R. POORNIMA

CRP(MD) No. 2709 of 2026

CNR:{HCMD010625952026}

AND

CMP(MD) No. 13866 of 2026

CNR:{HCMD010625972026}

Somasundaram,

S/o. Meenakshi Sundaram,

Door No. 28 Balaji Township,

Reddipalayam,

Thanjavur.

..Petitioner(s)

Vs

1. C. Rajasekaran,

S/o. Chinna Thambi,

Door No. 140 North Moopanar Street,

Reddipalayam,

Ramanathapuram Main,

Thanjavur Taluk.

2. The Sub Register,

Karanthatangudi,

(now Sivagangai Park Office)

Thanjavur.

..Respondent(s)

PRAYER: J-36. Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the order dated 27.03.2026 made in I.A.No. 07

of 2026 in O.S.No. 06/2025 on the file of Additional Sub Court, Thanjavur and allow this Civil Revision Petition and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

__________

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CRP(MD) No. 2709 of 2026

For Petitioner(s):

K.Anand

G.Ram Prabhu

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ORDER

This Revision Petition is filed against order dated 27.03.2026 in I.A.No.7 of 2026 in O.S.No.06 of 2025 by the Additional Sub-Court, Thanjavur.

2. The petitioner is the plaintiff filed a suit for specific performance against the respondent/defendant.

3. During the course of the trial, the plaintiff filed I.A. No. 07 of 2026 under Order VII Rule 14 of the Code of Civil Procedure, seeking permission to receive additional documents in evidence. The petitioner/plaintiff sought to produce an audio-video recording, which had been downloaded and stored in a pen drive, and sought to mark the same as an exhibit on his side. Accordingly, the said application was filed. However, the learned Trial Court dismissed the application on the ground that the petitioner/plaintiff had not produced the requisite certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. Aggrieved by the said order, the present revision petition has been filed.

4. The petitioner/plaintiff submits that the said audio-video recording is a vital and material document for the proper adjudication of the issues involved in the suit. However, the learned Trial Court, without duly considering the __________

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CRP(MD) No. 2709 of 2026 relevance and evidentiary value of the said document, dismissed the application filed by the petitioner/plaintiff.

5. On perusal of the records, it is seen that the petitioner/plaintiff filed the application seeking permission to produce a pen drive containing an audio- video recording. However, the petitioner had not produced the requisite certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. Though the petitioner now claims to have produced the said certificate, no satisfactory explanation has been offered as to why the certificate was not produced before the Trial Court at the relevant point of time. Further, the petitioner has not disclosed the purpose or relevance of producing the said audio-video recording. Neither before the Trial Court nor before this Court has the petitioner furnished any particulars regarding the contents of the audio-video recording stored in the pen drive. The petitioner has also failed to provide details as to the device through which the recording was made and the manner in which the same was downloaded and stored in the pen drive. In the absence of such particulars and in view of the failure to produce the requisite certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, the Trial Court was justified in dismissing the application. This Court finds no error or infirmity in the order passed by the Trial Court warranting interference in the present revision petition. Accordingly, no interference is called for. __________

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CRP(MD) No. 2709 of 2026

6. With the above observation, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NS To

1. The Additional Sub Court, Thanjavur.

2. The Section Officer, VR Section Madurai Bench of Madras High Court, Madurai. __________

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CRP(MD) No. 2709 of 2026 R.POORNIMA, J. Ns CRP(MD) No. 2709 of 2026 AND CMP(MD) No. 13866 of 2026 07-10-2026 __________

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CRP(MD) No. 2709 of 2026 __________

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