Madras High Court
CRP/2038/2023 of R.M.SUBRAMANIAN Vs M.ASHOK KUMAR on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 2038 and 2040 of 2023
CNR:{HCMA011004542023}
AND
CMP NO. 12738 and 12739 OF 2023
CRP No.2038 of 2023
R.M.Subramanian
S/o.S.P.Ramasamy Chettiar
..Petitioner(s)
Vs
M.Ashok Kumar
S/o.Manian,
..Respondent(s)
CRP No. 2040 of 2023
CNR:{HCMA010964192023}
R.M.Subramanian
S/O.S.P.Ramasamy Chettiar
..Appellant(s)
Vs
M.Ashok Kumar
S/O.Manian,
..Respondent(s)
CRP No.2038 of 2023
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order passed in IA.No.3 of 2022 in OS.No. 448 of 2017
dated 06.03.2023, On the file of the III Additional District Judge, Coimbatore.
CRP No. 2040 of 2023
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Order passed in I.A.No.2/2022 in O.S.No.448 of 2017
dated 06-03-2023 on the file of the III Additional District Judge, Coimbatore.
For Petitioner(s):
Mr.E.K.Kumaresan
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Order
These Civil Revision Petitions have been filed against the fair and decretal order passed in IA Nos.2 and 3 of 2022 in OS No.448 of 2017 dated 06.03.2023 wherein the applications filed by the petitioner / plaintiff to reopen and recall PW1 for the purpose of marking additional documents, came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the orders passed by the Court below.
3. The petitioner is the plaintiff, who filed the suit in OS No.448 of 2017 seeking for the relief of recovery of money from the defendant. The suit was at the stage of final arguments and at that stage, the applications came to be filed to reopen and recall PW1 for the purpose of marking additional documents. The Court below dismissed the applications mainly on the ground that the petitioner / plaintiff has not even stated the particulars of the documents sought to be marked and had not sought leave of the Court to file additional documents and without that the petitioner sought to mark additional documents by recalling PW1.
4. The reasoning given by the Court below does not suffer from any perversity warranting the interference of this Court. In the first place, if the petitioner / plaintiff wants to file additional documents, he has to seek for the leave of the Court by filing an appropriate application and admittedly, the same has not been done in this case. In the absence of any such application, no useful purpose will be served in reopening the case and recalling PW1 for the purpose of marking additional documents. Therefore, the reasoning given by the Court below is perfectly in order and does not require the interference of this Court.
5. Accordingly, these Civil Revision Petitions stand dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The III Additional District Judge, Coimbatore
N.ANAND VENKATESH J. RKA
CRP Nos. 2038 and 2040 of 2023
AND CMP NO. 12738 and 12739 OF 2023 06-10-2026