M/S.J.C.S Real Builder And 5 Others v. A Arunachalam And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN in CS NO. 329 of 2008 M/s.J.C.S Real Builder And 5 Others A Registered Partnership Firm, Rep. By Its Managing Partner, P.Chella Pandian Having Its Office At No.93, G.A.Road, Old Washermenpet, Chennai-21 Applicant(s) Vs A Arunachalam And 5 Others S/o.Annamalai Naicker Sp Murali Respondent(s) Prayer : The application filed seeking to grant leave to the Applicants/Plaintiffs 2 to 7 to receive the accompanying certified copy of the documents. For Applicant(s):

Mr.R.Krishnaswamy For Respondent:

Mr.P.Kumaran

ORDER

This application has been filed seeking permission to introduce further documents by the plaintiffs.

2.These documents do not relate to the suit claim, but rather to an auxiliary application filed in A.No.3210 of 2024 again by the plaintiffs under Order 39 Rule 2A of CPC. The documents, as stated, have no direct bearing on the relief sought in the suit.

3.I would only be appropriate that evidence is adduced in A.No.3210 of 2024 along with the suit in C.S.No.329 of 2008. The plaintiffs are permitted to adduce evidence. The plaintiffs will have to concentrate on marking documents towards the suit claim and in the application, the documents which are now produced may also be marked, but however, subject to proof, relevancy and admissibility. The defendants may cross-examine the witness for the plaintiffs on both the averments in the suit and also on the affidavit filed in support of the A.No.3210 of 2024. Accordingly, this application stands allowed.

4.The suit and the application are referred to the learned Additional Master - I on 18.06.2025 for commencement of recording of evidence. The matter may be listed before this Court after recording of evidence. 04-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

C.V.KARTHIKEYAN J.

smv in CS NO. 329 of 2008 04-06-2025