[Cites 1, Cited by 0]
Madras High Court
Sennanaicker vs V.Sivakumar on 12 January, 2026
C.R.P.No.5801 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2026
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.5801 of 2025
and
C.M.P.No.28815 of 2025
Sennanaicker ... Petitioner
vs.
V.Sivakumar ... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order made in I.A.No.20 of 2025 in
O.S.No.2 of 2017 dated 12.08.2025 on the file of the IV Additional District
Judge, Erode District at Bhavani and allow this revision petition with cost.
For Petitioner : Mr.M.Venkadesh Kumar
For Respondent : Mr.S.Lakshmanasamy
1/6
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C.R.P.No.5801 of 2025
ORDER
Aggrieved by the order passed by the IV Additional District Judge,
Erode District at Bhavani in I.A.No.20 of 2025 in O.S.No.2 of 2017, dated
12.08.2025 dismissing the application filed by the petitioner/1st defendant
seeking to eschew the evidence of PW.2, he has come before this Court.
2. The respondent herein filed a suit for recovery of money based on
promissory note. The respondent examined one Ramakrishnan, who attested
the Promissory Note as first attesting witness as PW.2. Though he was
examined in chief, he has not appeared for cross examination and hence, the
instant application has been filed by the petitioner seeking to eschew his
evidence. The said application was opposed by the respondent on the
ground that PW.2 was examined in chief on 14.12.2020 and on that day, the
petitioner could not cross examine the witness and thereafter, witness
summons were taken to the said witness twice and witness summons were
returned with an endorsement 'No Such Address'. Since the petitioner side
failed to cross examine the witness on the date he appeared for chief
examination, according to the respondent, the present application filed to
eschew the evidence could not be accepted.
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3. The Trial Court dismissed the application on the ground that
evidentiary value of chief examination of PW.2 could be considered at the
time of pronouncing judgment. Aggrieved by the same, the petitioner has
come before this Court.
4. The learned counsel appearing for the petitioner vehemently
contended that evidence recorded during chief examination of the witness,
who failed to appear for cross examination cannot be relied by the
respondent.
5. It is settled law that when a witness is examined by a party, the
opposite party shall be given an opportunity to cross examine the witness. It
is the duty of the party calling a witness to procure his presence and make
him available for cross examination by the opposite party.
6. In the case on hand, it is stated that inspite of witness summons to
PW.2, his presence could not be procured as the summons were returned
with an endorsement 'No Such Address'. PW.2 was called as a witness of the
respondent and it is his duty to find out his correct address and procure his
presence for cross examination. If the respondent is not able to produce his
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witness for cross examination, his evidence in chief examination cannot be
taken into consideration. The deposition of witness in chief examination will
not have any evidentiary value unless it is subjected to cross examination. In
such circumstances, the impugned order passed by the Trial Court requires
interference and the same is set aside.
7. Accordingly, the Civil Revision Petition stands allowed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
12.01.2026
Index : Yes / No
Speaking order : Yes / No
Neutral Citation : Yes / No
dm
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To
The IV Additional District Judge,
Erode District at Bhavani.
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S.SOUNTHAR, J.
dm
12.01.2026
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