M/S.Amrutanjan Health Care Ltd, v. Shambhuprasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1430 of 2024 & CRP NO. 1431 OF 2024 AND CMP NO. 7679 OF 2024,CMP NO. 7675 OF 2024 M/s.Amrutanjan Health Care Ltd, Through its Managing Director, Having its Registered office Situated at 130, Old No.42-45, Luz Church Road, Mylapore, Chennai. ..Petitioner(s) in both C.R.P.s Vs 1.Shambhuprasad Chairman and Managing Director, Amrutanjan Healthcare Ltd, Having its registered office situated at 130, Old No. 42-45, Luz church Road, Mylapore, Chennai. Mukund (Deceased) 2.Mukul W/o.Mukund Tamhankar, Taravilas Apartment, Humpyard Road, Dantoli, Nagpur 3.Abhinandan S/o.Mukund Tamhankar.
Taravilas Apartment, Humpyard Road, Dantoli, Nagpur ..Respondent(s) in both C.R.Ps PRAYER IN CRP No. 1430 of 2024 Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the Fair and Decretal order dated 16.2.2024 passed in
IA.NO. 10/2024 in OS.No. 3484/2018 pending on the file of XV Additional Judge, City Civil Court, Chennai and allow the Revision Petition. PRAYER IN CRP No. 1431 of 2024 Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the Fair and Decretal order dated 16.2.2024 passed in IA.NO. 11/2024 in OS.No. 3484/2018 pending on the file of XV Additional Judge, City Civil Court, Chennai and allow the Revision Petition. In both CRPs For Petitioner(s):
Mr.G.Kalyan Jhabakh For M/s.Surana And Surana For Respondent(s):
R1 - Not Available R2 & R3 - No appearance COMMON ORDER Challenging the impugned orders passed in I.A.Nos.10 and 11 of 2024 in O.S.No.3484 of 2018 by the learned XV Additional Judge, City Civil Court, Chennai, the Revision Petitioner/1st defendant preferred these Civil Revision Petitions.
2. Before the trial court, the Revision Petitioner filed applications under Order XVIII Rule 17 and Sec.151 of C.P.C. to reopen and recall P.W.1 for further cross-examination. On hearing both sides, the trial judge has dismissed the applications holding that already sufficient opportunity was given to them and no reason was assigned to recall P.W.1 for further cross-examination. Aggrieved over that, the present Civil Revision Petitions have been filed.
3. Today, when the matter was taken up for hearing, learned counsel for revision petitioner pointed out that before the trial court, the respondents/plaintiffs 2 and 3 have filed an application to recall themselves to submit some document and the same was considered by the trial judge in I.A.Nos. 13 and 14 of 2024, but the said opportunity was not given to the revision petitioner/1st defendant to recall and reopen P.W.1 for further crossexamination as such is illegal. Hence, he prayed to set aside the findings of trial judge.
4. Despite service of notice, there is no representation on the side of respondents 2 and 3. On seeing the facts, it reveals that the revision petitioner filed applications in I.A.Nos.10 and 11 of 2024 to reopen and recall for further cross-examination of P.W.1. The same opportunity was given to the plaintiffs, while they have filed the applications for reopen and recall P.W.1. But the said opportunity was not given to the revision petitioner/1st defendant to reopen and recall P.W.1 for further cross-examination. If such opportunity is not given, their valuable right to defend the case will be defeated. Therefore, in order to give one more opportunity, this court is inclined to set aside the findings rendered in I.A.Nos.10 and 11 of 2024 in O.S.No. 3484 of 2018 by the XV Additional Judge, City Civil Court, Chennai. Both parties are directed to cooperate with the trial proceedings. Accordingly, these Civil Revision Petitions
are allowed. No costs. Consequently, connected civil miscellaneous petitions are closed.
18-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The XV Additional Judge, City Civil Court, Chennai.
T.V.THAMILSELVI J.
RPP CRP No. 1430 of 2024 & CRP NO. 1431 OF 2024 AND CMP NO. 7679 OF 2024,CMP NO. 7675 OF 2024 18-03-2026