OSA/193/2026 of K.Palani Vs C.Raja on 26 October 2026

Judgment

(Judgment of the Court was delivered by N.Sathish Kumar J.) A Challenge has been made to the order of the learned single Judge dated 12.06.2026 passed in A.No.1211 of 2026 in C.S.No.27 of 2024 dismissing the application seeking leave to amend the written statement and the counter claim.

2. The amendment was sought to be made on the ground that the appellants herein had obtained a report dated 04.10.2024 from the Truth Labs, which supports their plea that the plaint documents are fabricated, thereby necessitating the amendment to incorporate the laboratory's findings.

3. The learned Single Judge dismissed the application upon finding that the pleas regarding the fabrication of the plaint documents and the disputed signatures had already been taken in the written statement and counterclaim. The learned single Judge further observed that the Truth Labs report is only a piece of evidence supporting the existing plea of fabrication, which can be proved at trial in accordance with law. Challenging this dismissal, the present appeal has been filed.

4. The learned counsel for the appellants submitted that the amendment of the written statement and counterclaim is necessary to effectively substantiate the appellant's case.

OSA No. 193 of 2026

5. In the light of the above submission, now the point that arises for consideration in this appeal is, whether the amendment is absolutely necessary to canvas the case of the appellants?

6. The primary contention of the learned counsel for the appellants is that since the Truth Labs report questions the validity of the documents, its findings must be incorporated into the written statement to effectively substantiate their defense.

7. We have considered the submissions made by the learned counsel for the appellants and perused the order passed by the learned single Judge.

8. Admittedly, the appellants have filed their written statement denying the documents of the plaintiff contending inter alia that the said documents are fabricated and that the signatures appearing thereon are disputed. Once a plea of denial has been raised in the written statement, any subsequent document produced in support of such a plea must be proved in accordance with law. Merely because a report from the Truth Lab has been obtained, the same cannot by itself be treated as evidence. Such a report must be proved in the manner known to law and tested in evidence.

OSA No. 193 of 2026

9. Once a specific plea regarding the fabrication of the documents has already been taken, incorporating the findings of the Truth Lab report by way of an amendment would not serve any useful purpose. We are of the view that the amendment sought by the appellants would not help them in establishing their case. If the appellants seek to establish that the documents are fabricated, they can prove the same in the manner known to law. In view of the above, we find no merit in the appeal and the same is liable to be dismissed. Accordingly, this Original Side Appeal is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (N.S.K.,J.) (G.K.M.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa

OSA No. 193 of 2026

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. gpa OSA No. 193 of 2026 & CMP No. 28794 of 2026 26-10-2026