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CDJ 2026 MHC 2686 print Preview print print
Court : High Court of Judicature at Madras
Case No : CRP. No. 127 of 2026 & CMP. No. 528 of 2026
Judges: THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Parties : K. Jayaprakash Versus K. Selvi
Appearing Advocates : For the Petitioner: S.P. Vijayaragavan, Advocate. For the Respondent: S. Arjun, Advocate.
Date of Judgment : 01-04-2026
Head Note :-
Constitution of India - Article 227 -

Comparative Citation:
2026 (2) TLNJ 65,
Judgment :-

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decreetal order dated 06.10.2025 passed by the Principal District Judge, Salem in I.A.No.1 of 2025 in O.S.No.167 of 2021.)

1. Before the trial Court, the defendant has filed am application in I.A.No.1 of 2025 seeking to file additional documents. The said application was dismissed by the trial Court holding that there is no pleading to that effect. Aggrieved by the same, the defendant has filed the present revision.

2. Learned counsel for the revision petitioner submits that at the time of filing written statement, the defendant has stated about the chit transaction with the husband of the plaintiff by name Kulandaivel and to prove that transaction, now, the revision petitioner/defendant wanted to mark the pronote and cheque as additional documents to prove the transactions between the parties. Therefore, he had sufficient pleadings to produce those documents, but the trial court failed to appreciate the same.

3. Learned counsel for the respondent/plaintiff submits that these documents are in no way connected with the present suit since the suit is on promissory note and he being the tenant created false records and in order to drag on the proceedings, he filed an application and therefore, the respondent/plaintiff raised an objection in filing those documents.

4. I have considered the submissions made by the learned counsel on either side and perused the materials available on record.

5. On perusal of the written statement filed by the revision petitioner/defendant, in paragraph No.2 of the written statement, the defendant stated that while the husband of the plaintiff was alive in 2015, he was running a chit fund, wherein, the defendant joined and he gave a promissory note and that was misused by the plaintiff. Therefore, sufficient pleadings are available in the written statement with regard to the chit transaction with the husband of the plaintiff. Now, to prove the same, the petitioner/defendant wants to mark the cheque and pronote. If at all any defence is available, the plaintiff can cross examine the defendant in respect of those documents.

6. In the result, the civil revision petition is allowed and the impugned order dated 06.10.2025 in I.A.No.1 of 2025 in O.S.No.167 of 2021 is set aside. Liberty is given to the respondent/plaintiff to cross examine the revision petitioner/defendant in respect of those documents.

No costs. Consequently, connected miscellaneous petition is closed.

 
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