M. Ramachandran vs P. Rukumani

Court
Madras High Court

CRP Nso. 6976 & 6978 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 6976 & 6978 of 2026
CNR:{HCMA012383682026}
AND
CMP NO. 29985 OF 2026
& CMP NO. 29981 OF 2026
M. Ramachandran
S/o Mandarasalam,
Therveethi,
Senjarimalai,
Malaiyadipalayam,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore-641 669
..Petitioner(s)
Vs
1. P. Rukumani
W/o Late Pechimuthu,
No.3/83-84,Koduvai Road,
Malaiadipalayam,
Senjerimalai,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore-641 669
2. G. Chitra
W/o Ganesan
No.3/83-84,Koduvai Road,
Malaiadipalayam,
Senjerimalai,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore-641 669
..Respondent(s)
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CRP Nso. 6976 & 6978 of 2026
CRP No. 6978 of 2026
CNR:{HCMA012383692026}
M. Ramachandran
S/o Mandarasalam,
Therveethi,
Senjarimalai,
Malaiyadipalayam,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore- 641669.
..Appellant(s)
Vs
1. R. Rukumani
W/o Late Pechimuthu,
No.3/83-84 Koduvai Road,
Malaiadipalayam,
Senjerimalai,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore- 641 669.
2. G.Chitra
W/o Ganesan,
No.3/83-84, Koduvai Road,
Malaiadipalayam,
Senjerimalai,
Kumarapalayam Village,
Sulur Taluk,
Coimbatore- 641 669.
..Respondent(s)
CRP No. 6976 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the order dated 23.03.2026 passed by the learned District
Munsif. Sulur, Coimbatore in I.A.No.16 of 2026 in O.S.No.338 of 2017.
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CRP Nso. 6976 & 6978 of 2026
CRP No. 6978 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the order dated 23/03/2026 passed by the learned District
Munsif, Sulur, Coimbatore in I.A.No.17 of 2026 in O.S.No.338 of 2017 and
thus render justice.
For Petitioner(s): Mr.B.Mohan
COMMON ORDER
These Civil Revision Petitions have been filed under Article 227 of the
Constitution of India challenging the order dated 23.03.2026 passed in
I.A.Nos.16 & 17 of 2026 in O.S.No.338 of 2017 on the file of the learned
District Munsif. Sulur, Coimbatore, wherein the petitioner/defendant has sought
for reopening of the plaintiff’s side evidence and to recall PW2 for the
production and marking of his passport.
2.Heard the learned counsel for the petitioner and carefully perused the
materials available on record and this Court also carefully went through the
order passed by the Court below.
3.The respondents are the plaintiffs, who filed the suit in O.S.No.338 of
2017 seeking for the relief of permanent injunction. The suit reached the stage
of trial and PW1 and PW2 were examined on the side of the plaintiffs. When
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CRP Nso. 6976 & 6978 of 2026
PW2 was in the witness box, questions were put to him during cross-
examination to the effect that he was not in India during the relevant point of
time and therefore, the very claim made in the plaint as if he was present at the
site is unsustainable. In order to establish this fact, after the evidence of PW2
was closed, applications were filed to reopen evidence on the side of the
plaintiffs and to recall PW2 for the production and marking of his passport. The
Court below dismissed these applications on the ground that the applications
had been filed only to drag on the proceedings and that there was no need for
recall PW2 for marking his passport. Aggrieved by the said order, these Civil
Revision Petitions have been filed before this Court.
4.The bone of contention on the side of the petitioner/defendant is that,
during cross-examination, PW2 had admitted that he was in possession of his
passport for the period from 2012-2026 and therefore, the petitioner/defendant
wanted to establish that PW2 was not in India during the relevant period and
therefore, the credibility of the statements made by him during examination can
be impeached. It is, therefore, submitted that the only way to establish the same
is to direct PW2 to produce his passport, which will clarify as to whether he was
in India during the relevant point of time.
5.The Court below seem to have been swayed by the fact that the suit was
pending from the year 2012 and therefore, the Court was not seriously inclined
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CRP Nso. 6976 & 6978 of 2026
to entertain the applications. It is seen from records that these applications were
filed almost immediately after the evidence of PW2 was closed. Therefore, it is
not as if these applications were filed at the fag end of the suit, after the
recording of evidence on both sides had been completed.
6.What is sought to be established by the petitioner/defendant is that PW2
was not in India at the relevant point of time and therefore, the credibility of this
witness is questionable. The petitioner has taken steps to direct PW2 to produce
his passport by filing application. Even if the Court below is to take adverse
inference, there must first be an attempt made to direct PW2 to produce the
passport and if the same is not complied with, that will give rise to drawing an
adverse inference against PW2. In view of the same, the Court below, in order
to satisfy itself can direct PW2 to produce his passport. If the same is produced,
a photocopy of the same pertaining to the entries for the year 2012 can be
marked by returning back the original to PW2. If the same is not produced, the
Court below, based on the facts of the case can draw an adverse inference. This
clarification will sufficiently take care of the grievance expressed by the
petitioner/defendant.
7.In the result, the order dated 23.03.2026 passed in I.A.Nos.16 & 17 of
2026 in O.S.No.338 of 2017 on the file of the learned District Munsif. Sulur,
Coimbatore, is sustained and these Civil Revision Petitions are disposed of in
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CRP Nso. 6976 & 6978 of 2026
the above terms. No Costs. Consequently, the connected miscellaneous petitions
are closed.
05-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP Nso. 6976 & 6978 of 2026
To
The District Munsif, Sulur, Coimbatore.
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CRP Nso. 6976 & 6978 of 2026
N.ANAND VENKATESH J.
SSR
CRP Nos. 6976 & 6978 of 2026
AND
CMP NO. 29985 OF 2026
& CMP NO. 29981 OF 2026
05-11-2026
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