Madras High Court
CRP/6166/2026 of S.T.Santhakumar Vs A.Jayaraman on 5 October 2026
CRP No. 6166 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6166 of 2026
CNR:{HCMA011177432026}
AND
CMP NO. 26697 OF 2026
S.T.Santhakumar
S/o.Thangavel Pillai
..Petitioner(s)
Vs
A.Jayaraman
S/o.Arunachalam pillai
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to call for the records pertaining to the fair and final order dated 24.02.2026 passed in I.A.No.2 of 2026 in O.S.No.22 of 2021 on the file of the learned Subordinate Judge, Tiruvarur and set aside the same insofar as rejecting the documents and witnesses sought to be produced by the petitioner / defendant and consequently direct the learned Subordinate Judge, Tiruvarur to receive the remaining documents and permit examination of the remaining witnesses in accordance with law.
For Petitioner(s):
Mr.P.Venkatesan
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No.2 of 2026 in O.S.No.22 of 2021 on the file of the learned Subordinate Judge, Tiruvarur, dated 24.02.2026 whereby the application filed by the
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CRP No. 6166 of 2026
petitioner/defendant to examine eight witnesses was allowed insofar as one witness is concerned and rejected insofar as the remaining seven witnesses.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The respondent herein is the plaintiff, who filed the suit in O.S.No.22 of 2021 seeking for the relief of recovery of money. The petitioner, who is the defendant in the suit took a stand that he did not have any transaction with the respondent/defendant and his transaction was only with one V.Thiagarajan and a cheque was given as a security and the defendant has misused the said cheque by collecting it from the said V.Thiagarajan. Police complaint was given in this regard and therefore, the petitioner/defendant while giving the list of witnesses wanted to examine the Bank Manager, V.Thiagarajan, his wife, Police officials and the Sub-registrar. The Court below permitted the petitioner to call the Bank Manager alone as a witness in this case and rejected the application insofar as the other witnesses are concerned. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
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CRP No. 6166 of 2026
4. In the considered view of this Court, the specific stand taken by the petitioner is that the cheque that was issued in favour of one V.Thiagarajan was misused by the plaintiff and that the present suit has been filed. The Court below has allowed the petitioner to examine the Bank Manager of Syndicate Bank as a witness. Ultimately, by examining the Manager, the petitioner has attempted to prove that the cheque was issued to one V.Thiagarajan and an advocate notice was already issued in this regard to V.Thiagarajan which was also received by his wife and subsequently, police complaints were given.
5. The Court below has allowed the application insofar as examining only the Bank Manager of Syndicate Bank. It will be more appropriate if the petitioner is also permitted to examine the said V.Thiagarajan by issuing summons since the examination of these witnesses revolves around the main defense that has been taken by the petitioner/defendant. Insofar as the other witnesses are concerned, there is no need to summon them and the relevant documents can be marked by the petitioner himself.
6. In the light of the above discussion, the Court below shall also permit the issuance of summons to said V.Thiagarajan, who can be called as witness to be examined on the side of the petitioner. Except giving this clarification, no further orders can be passed in this revision.
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CRP No. 6166 of 2026
7. In result, this Civil Revision Petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Subordinate Judge, Tiruvarur
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CRP No. 6166 of 2026
N.ANAND VENKATESH J. RKA CRP No. 6166 of 2026 AND CMP NO. 26697 OF 2026 05-10-2026
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