[Cites 1, Cited by 0]
Madras High Court
R.Asokan vs R.Mahesh Babu on 12 March, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 1507 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP Nos. 1507, 1509 & 1510 OF 2026
&
CMP Nos. 7147, 7148 & 7150 OF 2026
R.Asokan
S/o. B.Ramdass,
No.102, West Ramlingam Road,
R S Puram, Coimbatore-641 002.
..Petitioner(s)
in all petitions
Vs
R.Mahesh Babu
S/o. (Late) K.Rajendran,
No.3-A, 2nd Road,
Ramakrishna Puram, Coimbatore-641 001.
..Respondent(s)
in all petitions
Common Prayer : Civil Revision Petitions filed under Article 227 of
Constitution of India to set aside the fair and decreetal orders dated 04.03.2026
passed in IA.Nos.7, 8 and 9 of 2026 in O.S.No.87 of 2023 on the file of the
Commercial Court Principal District Judge, Coimbatore and consequently
permit the petitioner to receive additional document, to reopen evidence on the
side of the plaintiff and to Recall PW1 for marking of relevant documents, and
further grant the petitioner with reasonable opportunity to submit written
arguments and advance oral arguments.
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CRP No. 1507 of 2026
For Petitioner(s): P.Gnanasekaran – in all petitions
COMMON ORDER
Challenging the dismissal of the applications filed by the petitioner to
reopen, recall and to receive additional documents, the plaintiff had preferred
the present Civil Revision Petitions.
2. The original suit was filed by the plaintiff seeking return of Item No.1
property of gold weighing 4,100.00 grams of 22 carat gold of purity or
alternatively to pay amount equivalent to prevailing market value of 4,100.00
grams Rs.1,98,26,124/- along with interest at the rate 3% interest per month on
Rs.2,02,54,694 with subsequent interest at 3% per month for Rs.1,98,26,124/-
from the date of suit till realization. Pending suit the plaintiff filed applications
in I.A.Nos.7, 8 and 9 of 2026 to file additional documents, to reopen plaintiff's
side evidence and to recall P.W.1 for adducing evidence with regard to the
additional documents. The trial Court dismissed the application filed to receive
additional documents stating that the petitioner has not established any
reasonable cause for filing additional documents and hence, holding that the
other applications filed to reopen the evidence on the side of the plaintiff and to
recall P.W.1 are also not sustainable and dismissed all the applications.
Challenging the same, the present Civil Revision Petitions have been filed.
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3. The learned counsel appearing for the petitioner argues that in order to
prove the conduct of the defendant, certain documents have to be filed, more
particularly, the First Information Report in Crime No.238 of 2023 registered
against the defendant on the complaint given by one SivaKumar as if the
defendant had cheated him to the tune of Rs.15 lakhs and to prove the conduct
of the defendant, the said documents have to be marked and for the said
purpose, evidence on the side of the plaintiff has to be reopened and P.W.1 has
to be recalled. But the trial Court, without considering the same had
erroneously dismissed the applications. He further submitted that without
assigning any valid reason, the trial Court had dismissed the applications in a
non speaking Order.
4. It is the specific case of the petitioner that in order to establish the
conduct of the defendant, he seeks to produce the First Information Report
registered against the petitioner and therefore, he seeks to reopen the evidence
on the side of the plaintiff and to recall P.W.1. But the trial Court had
dismissed the applications. Even a perusal perusal of documents reveals that,
as rightly pointed out by the learned counsel appearing for the petitioner, on the
complaint given by one Sivakumar, the First Information Report has been
registered against the defendant Mahesh Babu. Therefore, an opportunity has
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to be given to the petitioner to prove his case. Otherwise, his valuable right to
establish his case will be defeated. Further, a perusal of the impugned Orders
also reveal that the respondent has not filed any counter and seriously objected
the applications.
5. Accordingly, these Civil Revision Petitions are allowed and the
I.A.Nos.7, 8 and 9 of 2026 are allowed. Liberty is granted to the respondent to
cross examine the witness. Thereafter, the trial Court is directed to proceed
with the matter. No costs. Consequently, connected miscellaneous petitions
are closed.
12-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vrc
Note : Issue Order Copy today [12.03.2026]
To
The Judge,
Commercial Court [District Judge Cadre],
Coimbatore.
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T.V.THAMILSELVI J.
vrc
CRP Nos. 1507, 1509 & 1510 of 2026
AND
CMP Nos. 7147, 7148 & 7150 of 2026
12-03-2026
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