Madras High Court

CRP(MD)/2506/2026 of L. MEENAL Vs S. VIJAYA on 11 September 2026

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C.R.P(MD)No.2506 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.09.2026

CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA

C.R.P(MD)No.2506 of 2026

1.L. Meenal

2.Minor.Lvijay

(Minor 2nd Defendant Represented Through his Mother and Guardian of the 1st Petitioner / Defendant Herein)

... Petitioner(s)

–

Vs. -

1.S.Vijaya

2.L.Swarna

3.L.Deivanai

... Respondent(s)

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decretal order dated 21-07-2026 made in I.A.No.8 of 2026 in O.S.No.306 of 2021 on the file of the Subordinate Court, Melur, and allow this revision petition an thus render justice.

For Petitioner

: Mr.J.Lawrance

C.R.P(MD)No.2506 of 2026

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ORDER

This civil revision petition is filed agianst the order dated 21-07-2026 made in I.A.No.8 of 2026 in O.S.No.306 of 2021 on the file of the Subordinate Court, Melur.

2. The revision petitioners are the defendants in the suit in O.S.No.306 of 2021 filed by the first respondent/plaintiff for recovery of money from the deceased husband of the first petitioner.

3. According to the revision petitioners, the first respondent/plaintiff was examined as P.W.1 in the suit. While her cross-examination was in progress, the first respondent/plaintiff filed I.A.No.8 of 2026 under Section 120 of the Indian Evidence Act, seeking permission to examine her husband, namely, Somasundaram, as P.W.1 on her behalf in the suit. It is stated that the first respondent/plaintiff is suffering from a cardiac ailment and has been undergoing continuous medical treatment. On account of her health condition, she sought permission to examine her husband, Somasundaram, who is stated to be well acquainted with and having knowledge of the transactions between the plaintiff and the defendants. The learned Trial Court, on the very same day, allowed the said application by passing a brief one-line order, without assigning any reasons

C.R.P(MD)No.2506 of 2026 and without providing an opportunity to the revision petitioners to raise their objections to the application. Aggrieved by the said order, the revision petitioners have filed the present Civil Revision Petition.

4. When the matter was taken up for admission, the learned counsel appearing for the petitioners submitted that the defendants are ready and willing to cross-examine the witness. However, he contended that the evidence already adduced by the first respondent/plaintiff should not be eschewed from consideration. He further submitted that the petitioners have no objection to continuing the cross-examination of the witness from the stage at which it was left.

5. Considering the submission made by the learned counsel for the petitioners, this Court directs the petitioners/defendants to cross-examine the husband of the plaintiff, namely, Somasundaram, after he enters the witness box. The learned Trial Court is directed to permit the plaintiff's husband to file his proof affidavit and, thereafter, afford an opportunity to the petitioners/defendants to cross-examine him in accordance with law. The evidence already adduced by the first respondent/plaintiff shall not be eschewed from consideration on account of the examination of her husband as a witness.

C.R.P(MD)No.2506 of 2026

6. With the above direction, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

11.09.2026 NCC : Yes / No Index : Yes / No Ns To

1. The Subordinate Court, Melur,

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

C.R.P(MD)No.2506 of 2026 R.POORNIMA

, J. Ns C.R.P(MD)No.2506 of 2026 11.09.2026

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