Madras High Court

CRP/5212/2026 of Chitra Vs Iyyappan on 3 November 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 5212 of 2026

CMP NO. 22687 OF 2026

CNR:{HCMA011780362026}

Chitra

W/o Rajendran,

D.No.115, South Street,

Karuvakurichi Village,

Mannargudi Taluk,

Tiruvarur District.

..Petitioner(s)

Vs

Iyyappan

S/o Dhurairaj,

No.B-62 New Housing Unit,

Mannargudi Town,

Tiruvarur Dt.

..Respondent(s)

Prayer:

Petition filed under Article 227 of the Constitution of India praying to set aside the fair and final order dated 06.06.2026 made in IA.No.6 of 2026 in O.S.No.87 of 2023 passed by Sub Court, Mannargudi.

CRP No. 5213 of 2026

AND

CMP NO. 22691 OF 2026

CNR:{HCMA011780372026}

Chitra

W/o Rajendran,

D.No.115, South Street,

Karuvakurichi Village,

Mannargudi Taluk,

Tiruvarur District.

..Appellant(s)

Vs

Iyyappan

S/o Dhurairaj,

No.B-62 New Housing Unit,

Mannargudi Town,

Tiruvarur Dt.

..Respondent(s)

Prayer:

Petition filed under Article 227 of the Constitution of India praying to set aside the fair and final order dated 06.06.2026 made in IA.No.7 of 2026 in O.S.No.87 of 2023 passed by Sub Court, Mannargudi.

For Petitioner(s) : Mr.B.Jawahar

For Respondent(s) : Mr.A.Thinakaran

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COMMON ORDER

These Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in IA.Nos.6 and 7 of 2026 in O.S.No.87 of 2023, dated 06.06.2026, on the file of the Sub Court, Mannargudi, wherein the applications filed by the petitioner/defendant to reopen and to file additional documents came to be dismissed by the Court below.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. This Court carefully considered the submissions made on either side and the materials available on record and this Court also went through the order passed by the Court below.

4. The respondent/plaintiff has filed the suit in O.S.No.87 of 2023, seeking for the relief of recovery of money. The suit was at the stage of cross examination of DW.1, these applications came to be filed before the Court below and the Court below dismissed the applications on the ground that the documents that are sought to be relied upon by the defendant are irrelevant documents and no reason has been assigned in the affidavit filed in support of the applications as to whey these documents are filed as additional documents. Aggrieved by the said order, these CRPs have been filed before this Court.

5. The suit was at the stage of cross examination of DW.1. The defendant wanted to file 12 additional documents. According to the defendant, these documents are necessary to substantiate the defence taken in the written statement. The mere filing of these documents, does not mean that it will all be to be marked permitted to be marked by the Court below. When each document is sought to be marked, the Court below will mark the same subject to relevancy, proof and admissibility. Therefore, whatever objections are raised on the side of the plaintiff in this regard, will be considered by the Court below when taking in those documents. That apart, the plaintiff will also have a right to cross examine DW.l regarding those documents and whether the additional documents permitted to be marked will substantiate the defence is a matter that will be considered by the Court below at the time of appreciation of evidence and while disposing of the main suit on merits.

6. In the light of the above discussion, this Court is inclined to interfere with the order passed by the Court below and accordingly, the order passed in

IA.Nos.6 and 7 of 2026 in O.S.No.87 of 2023, dated 06.06.2026, on the file of the Sub Court, Mannargudi, is set aside. It is made clear that when additional documents are sought to be marked, the court below will keep in mind the observations made supra.

7. In the result, this CRP is allowed with a direction to the Court below to dispose of the suit in O.S.No.87 of 2023, dated 06.06.2026, on the file of the Sub Court, Mannargudi, within a period of four months from the date of receipt of copy of the order. No costs. Consequently, connected miscellaneous petitions are closed. 03-11-2026 Index: yes/No Speaking/Non-speaking order Neutral Citation: yes/No KP To The Sub Court, Mannargudi.

N.ANAND VENKATESH J. KP CRP Nos. 5212 and 5213 of 2026

03-11-2026

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