N.ARUN KUMAR vs V.Bakkiyalakshmi
- Court
- Madras High Court
2026:MHC:4309
CRP No. 3399 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRP Nos. 3399 of 2023 & 3400 of 2023
CNR:{HCMA011560652023}
AND
CMP NO. 21091 OF 2023 in CRP.No.3399 of 2023,
CMP NO. 21098 OF 2023 in CRP NO. 3400 OF 2023.
N.Arun Kumar
...Petitioner/
th
5 Respondent/
th
5 Defendant
in both CRPs
Vs.
st
1.V. Bakkiyalakshmi … 1 Respondent/
Petitioner/Plaintiff
in both CRPs.
2.P. Lakshmi
3.B.Sarasu
4.S.Amutha
5.N. Rathna ...Respondents 2 to5 /
Respondents 1 to 4/
Defendants 1 to 4
in both CRPs.
(No relief is claimed as against the respondents 2
to 5 in both CRPs.)
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CRP No. 3399 of 2023
Prayer in CRP No. 3399 of 2023 : Civil Revision Petition filed under Article
227 of the Constitution of India, 1950, praying to set aside the Fair and Final
order passed in IA.No.13 of 2023 in OS.No. 67 of 2015 on the file of the
Principal Sub-Judge, Erode, dated June 21, 2023.
Prayer in CRP No. 3400 of 2023: Civil Revision Petition filed under Article
227 of the Constitution of India, 1950, praying to set aside the Fair and Final
order passed in I.A.No.12 of 2023 in O.S.No.67 of 2015 on the file of Principal
Sub Judge, Erode, dated June 21, 2023.
In both CRPs,
For Petitioner (s) : Mr.V.S.Kesavan
For Respondent No.1: Ms.Gopika Nambiar
COMMON ORDER
These Civil Revision Petitions have been filed under Article 227 of the
Constitution of India, 1950 challenging the Orders dated July 21, 2023 passed in
I.A. Nos.12 and 13 of 2023 filed under Section 151 [to reopen the evidence] and
Order XVIII Rule 17 read with Section 151 [to recall the witnesses] of 'the Code
of Civil Procedure, 1908' ['C.P.C.' for short] respectively, in O.S. No.67 of 2015
on the file of 'the Principal Subordinate Court, Erode' ['Trial Court' for short].
2. The revision petitioner herein is the fifth defendant in the Original Suit
while the first respondent herein is the plaintiff therein and respondents 2 to 5
are defendants 1 to 4 therein. For the sake of convenience, hereinafter, the
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parties will be referred to as per their array in the Original Suit.
3. The said Original Suit was filed by the plaintiff seeking to declare the
Sale Deed dated December 1, 2010 executed by fourth defendant for herself and
inter-alia on behalf of the plaintiff as her power agent, in favour of fourth
defendant's son / fifth defendant, as sham and nominal and consequently
invalid, as far as the plaintiff’s common 1/5 share in the suit property and
further for the relief of partition.
4. The fifth defendant resisted the Suit by filing written statement and
contending that proportionate consideration viz., Rs.74,200/- was paid to the
plaintiff on December 3, 2010 and the plaintiff issued a receipt for the same.
Accordingly, the fifth defendant contended that the said Sale Deed is valid and
binding upon the plaintiff, and prayed to dismiss the Suit.
5 . Trial commenced. Both sides examined witnesses and marked
documents. D.W.1 to D.W.6 were examined, of whom D.W.1 is the fourth
defendant, D.W.4 is the fourth defendant's son / fifth defendant, D.W.5 and
D.W.6 are witnesses to the said payment receipt issued by the plaintiff.
Defendants' side evidence was closed with D.W.6 on March 9, 2023 and the
matter was posted to March 15, 2023 for arguments by the Trial Court. The
matter saw some adjournments.
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6. When the matter was posted for 'arguments with no further
adjournment' on April 5, 2023, the plaintiff filed I.A. No.12 of 2023 under
Section 151 of C.P.C. praying to reopen the defendants' side evidence along
with I.A. No.13 of 2023 under Order XVIII Rule 17 read with Section 151 of
C.P.C. praying to recall D.W.4 to D.W.6 for further cross-examination, stating
that, while preparing for arguments, certain important documents and
information relating to the evidence of D.W.4 to D.W.6 came to light which
could potentially discredit their evidence.
7 . The Trial Court upon hearing either side, in the interest of justice and
with a view to afford sufficient opportunities to establish the plaintiff's case,
allowed the Interlocutory Applications subject to payment of cost of Rs.2,000/-
th
to the 5 defendant vide its Order dated June 21, 2023. The cost was deposited
before Court as refused.
8. Feeling aggrieved by the Order of the Trial Court, the fifth defendant
has come up with this Civil Revision Petition.
9. Mr.V.S.Kesavan, learned Counsel for the revision petitioner / fifth
defendant is before this Court through video conferencing mode and
M.S.Gopika Nambiar, learned Counsel appearing for the first respondent /
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plaintiff is present in physical mode.
10 . Mr.V.S.Kesavan submits that D.W.4 to D.W.6 were elaborately cross-
examined by the plaintiff's side and only thereafter, the defendants' side
evidence was closed and the matter was posted for arguments. I.A. Nos.12 and
13 of 2023 were filed vexatiously only with a view to cause delay in the Suit
proceedings and cause trouble to D.W.4 / fifth defendant, D.W.5 and D.W.6.
The Trial Court without considering the aforesaid facts and circumstances of
this case, erred in allowing the said Interlocutory Applications vide its two
Orders even dated June 21, 2023. Accordingly, he prays to allow the Civil
Revision Petition, set aside the said Orders of the Trial Court and dismiss the
Interlocutory Applications.
11 . Per contra , Ms.Gopika Nambiar, reiterating the averments made in
the affidavits filed in support of I.A. Nos.12 and 13 of 2023, submits that some
new facts and materials relating to the evidence of D.W.4 to D.W.6 surfaced
after closure of evidence. These facts and materials could potentially discredit
the evidence of D.W.4 to D.W.6, for which their cross-examination becomes
necessary. Hence the plaintiff filed the Interlocutory Applications. It is
necessary to reopen the defendants' side evidence and recall D.W.4 to D.W.6 for
further cross-examination. The Trial Court rightly appreciated the facts of the
case and rightly allowed the applications. There is no need to interfere with the
same. Accordingly, she prays to dismiss the Civil Revision Petition.
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12. Heard on either side. Perused the materials available on record.
13. Perused the Orders passed by the Trial Court in the Interlocutory
Application. The Trial Court was satisfied of the reason stated in the affidavits
filed in support of the Interlocutory Applications and intended to afford
sufficient opportunities to the parties to establish their case. Hence, it exercised
its judicial discretion and allowed the Interlocutory Applications. The main
contention of the revision petitioner / fifth defendant is that the Interlocutory
Applications are vexatious and filed only with a view to cause delay and harass
D.W.4 to D.W.6. Noting that none of the witnesses has ever been recalled and
re-examined by the plaintiff before, considering that the parties are closely
related, with a view to adhere to the principles of natural justice fully and also in
the interest of justice, this Court is of the considered view that the Trial Court is
justifiable in exercising its discretion in favour of the plaintiff in ordering the
Interlocutory Applications. At the same time, in view of the submission made by
the learned Counsel for the revision petitioner / fifth defendant, this Court is
inclined to direct the Trial Court to ensure that the recalled witnesses namely
D.W.4 to D.W.6 are cross-examined on the same day of their appearance
without any adjournment on the side of the plaintiff. Considering the age of the
lis , the parties are hereby directed to co-operate with the Trial Court for
expeditious disposal of the same.
14. In the result, these Civil Revision Petitions are dismissed with the
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above observation. In view of the facts and circumstances of this case, there
shall be no order as to costs. Consequently, connected Civil Miscellaneous
Petitions are closed.
26-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
JRS
To
The Principle Sub Judge,
Erode.
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CRP No. 3399 of 2023
R.SAKTHIVEL J.
JRS
CRP Nos. 3399 of 2023 & 3400 of 2023
AND
CMP NO. 21091 OF 2023 in CRP.No.3399 of 2023,
CMP NO. 21098 OF 2023 in CRP NO. 3400 OF 2023.
26-10-2026
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