Madras High Court
M/S.Moderator Gnanadasan Polytechnic ... vs M/S.N.V.Publications on 10 March, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
CRP.(MD).Nos.122 & 123 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP.(MD).Nos.122 & 123 of 2025
and
CMP(MD).No.764 of 2025
Against
I.A.Nos.5 & 6 of 2023
In
C.O.S.No.24 of 2022
M/s.Moderator Gnanadasan Polytechnic College,
Rep.by its Correspondent,
Puthukudiyeruppu,
Vadasery Village,
Nageorcoil, Agasteeswaram Taluk,
Kanyakumari District – 629 001. .. Petitioner/Respondent/Defendant
Vs.
M/s.N.V.Publications,
Rep through its Partner Mr.T.Madhan,
S/o.Thangadurai,
10A/29, Chennai Vanna Vilai,
Kottar, Nagercoil Village,
Agasteeswaram Taluk,
Kanyakumari District. .. Respondent/Petitioner/Plaintiff
Common Prayer: These Civil Revision Petitions are filed under Article
227 of the Constitution of India against the Common fair order and
decreetal order dated 30.10.2024 passed by the Principal Sub Court,
Nagercoil in I.A.Nos.5 & 6 of 2023 in C.O.S.No.24 of 2022.
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CRP.(MD).Nos.122 & 123 of 2025
In both CRP
For Petitioner : K.Sudalaiyandi
For Respondent : Mr.D.Nallathambi
COMMON ORDER
The defendant in C.O.S.No.24 of 2022 on the file of the Principal
Sub Court, Nagercoil has filed these present civil revision petitions,
challenging the order passed by the trial Court in I.A.Nos.5 & 6, wherein,
the trial Court has permitted the plaintiff to reopen the case and granted
permission with respect of certain documents.
2. The respondent herein plaintiff in C.O.S.No.24 of 2022 has filed
the above said commercial suit for relief of realization for a sum of Rs.
18,61,357/- along with interest. The said suit has been filed by
Mr.T.Madhan as a partner of N.V.Publications. In paragraph No.1 of the
plaint, it is specifically stated that the plaintiff Firm is represented
through the partner and he has been authorized as per the resolution
passed by the partners on 03.03.2021 for filing of the above said suit.
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CRP.(MD).Nos.122 & 123 of 2025
3. A perusal of paragraph 2 of the written statement reveals that the
defendant has only questioned the authorization given to Mr.T.Madhan
as per the resolution dated 03.03.2021 for filing the above said suit.
There is no specific denial with regard to the status of Mr.T.Madhan as a
partner to the plaintiff Firm.
4. After the arguments in the suit were closed and it was posted for
judgment, the Court has suo-motu reopened the suit seeking clarification
from the plaintiff whether any documents had been filed to prove his
status as partner of the plaintiff Firm. Due to the doubt raised by the
Court, the plaintiff had filed I.A.No.5 of 2023 to reopen the case and
I.A.No.6 of 2023 to mark two documents, namely certificate of
registration of NV Publication and deed for partnership. These two
applications came to be allowed by the Trial Court. Challenging the
same, the present civil revision petitions are filed by the defendant.
5. According to the learned counsel appearing for the revision
petitioner, the suit being a commercial suit, the plaintiff would not be
entitled to file any additional documents in view of the bar under Order
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CRP.(MD).Nos.122 & 123 of 2025
XI Rule 5 of the Code of Civil Procedure, 1908. The plaintiff has not
given any reason whatsoever for belatedly filing such applications,
especially after judgment was reserved. He further contend that the
Hon'ble Supreme Court has categorically held that, insofar as commercial
suits are concerned, documents have to be filed along with plaint and
unless specific reasonable reasons are made out, the documents cannot be
received thereafter. According to him, in the present case, after the case
was reserved for judgment, the present applications have been filed and
are not maintainable.
6. Per-contra, the learned counsel appearing for the
respondent/plaintiff had pointed out that there is no dispute with regard
to the status of Mr.T.Madhan as a partner of the plaintiff Firm, the Court
had entertained a doubt and suo-motu reopened the case. Only thereafter
these two applications came to be filed. Therefore, the documents were
placed before the Court only at the instance of the Court.
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CRP.(MD).Nos.122 & 123 of 2025
7. Heard both sides and perused all the materials available on
record.
8. It is not in dispute that the applications have been filed at a
much belated stage that too in a commercial suit. The I.A.No.6 of 2023
has been filed, to make two documents namely certificate of registration
of N.V.Publications and deed of partnership. These two documents are
public documents and these two documents have been filed at the
instance of the Court, which sought certain clarifications after reserving
the case for judgment. Even though, the defendant had not raised any
dispute with regard to the status of Mr.T.Madhan as partner of the
plaintiff Firm, the Court has suo-motu entertained certain doubts which
has prompted the plaintiffs to file these applications.
9. In such circumstances, the applications are superfluous in nature
and therefore there is no necessity for filing or marking these documents
especially when the defendant had not specifically disputed the status of
Mr.T.Madhan, as a partner of the plaintiff Firm in the written statement.
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CRP.(MD).Nos.122 & 123 of 2025
10. In view of the above, the said facts, the Trial Court ought not to
have allowed the applications. The revision petitions stand allowed with
the said observations. No costs. Consequently, connected civil
miscellaneous petition is closed.
10.03.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes
nst
Note- Registry is directed to issue order copy on 11.03.2025
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CRP.(MD).Nos.122 & 123 of 2025
To:
1.The
Principal Sub Court, Nagercoil.
2.The Section Officer,
VR Record Keeper,
Madurai Bench,
High Court of Madras.
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CRP.(MD).Nos.122 & 123 of 2025
R.VIJAYAKUMAR,J.
nst
CRP.(MD).Nos.122 & 123 of 2025
and
Against
I.A.Nos.5 & 6 of 2023
In
Dated: 10.03.2025
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