E.Subramanian v. V.Mohana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.7725 of 2026

1. E.Subramanian S/o Late E.Elumalai Mudaliar, No 8/14, Kumaraguru 1st Street, Lakshmipuram, Thiruvanmiyur, Chennai 600 041

2. E.Ramesh S/o Late E.Elumalai Mudaliar, No 8/14, Kumaraguru 1st Street, Lakshmipuram, Thiruvanmiyur, Chennai 600 041

3. E.Mahesh S/o Late E.Elumalai Mudaliar, No 8/14, Kumaraguru 1st Street, Lakshmipuram, Thiruvanmiyur, Chennai 600 041

4. M.Kanchana W/o. R.Muthu Kumaran, No.1A, Lakshminagar, Jafferkhanpet, West Saidapet, Chennai-83.

Petitioner(s) Vs

1. V.Mohana W/o Viswanathan, 31/16, Thiruvallur Street, Nehru Nagar, Velachery, Chennai 600 042 Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to set aside the order dated 12.02.2026 passed in IA No. 12 of 2026 in OS No.4961 of 2020, on the file of XVII Additional City Civil Court at Chennai.

For Petitioner(s):

Mr.P.K.Ganesh For Respondent(s):

ORDER

The revision petitioners have filed this revision to set aside the order dated 12.02.2026 passed in I.A.No.12 of 2026 in O.S.No.4961 of 2020, on the file of the XVII Additional City Civil Court, Chennai.

2. Before the trial Court, the petitioners filed I.A.No.12 of 2026 in O.S.No.4961 of 2020 to re-call the DW3, which was closed on 30.01.2026. The learned trial Judge dismissed the application on the ground that the petitioners failed to pay the cost imposed by the Court.

3. The learned counsel submitted that the petitioners had contested the suit by raising valid defences. He further submitted that an opportunity was granted to issue summons to witnesses, and unless the case is reopened, the petitioners would be prejudiced in establishing their case. It is also brought to the notice of this Court that the parties are from an economically weaker background and are unable to pay the cost of Rs. 3,000/-.

4. Considering these aspects, this Court is inclined to set aside the order of the trial Court and allow the I.A.No.12 of 2026 in O.S.No.4961 of 2020, on the file of the XVII Additional City Civil Court, Chennai. The imposition of

cost is also set aside, taking into account the economic condition of the parties. Both parties are directed to co-operate for the early disposal of the suit, which is pending from the year 2020.

5. Accordingly, the Civil Revision Petition is allowed. Consequently, the connected miscellaneous petition is closed. No Costs. 01-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.V.Mohana W/o Viswanathan, 31/16, Thiruvallur Street, Nehru Nagar, Velachery, Chennai 600 042.

2. The XVII Additional Judge, City Civil Court, Chennai.

3. The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri and CMP.No.7725 of 2026 01-04-2026