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Madras High CourtCRP/1922/2026allowed

K.Gunasekaran v. P.C.Sivasankar

2026-04-06Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 8612 OF 2026,CMP NO. 8689 OF 2026,CMP NO. 8685 OF 2026,CRP NO. 1936 OF 2026,CRP NO. 1937 OF 2026

1. K.Gunasekaran S/O. G.Krishnan, Partner M/s Smartweld Engineering No.6/613, Quaidhe Millet Street, Lakshmi Nagar, Polichalur, Chennai 600 074.

Petitioner(s) Vs

1. P.C.Sivasankar S/O. P.G. Chandra Sekhar, Partner M/s Smartweld Engineering, No.51, Vijayalakshmi Nagar, Vallencheri, Guduvanchari - 603203.

Respondent(s) CRP No. 1936 of 2026

1. K.Gunasekaran S/O. G.Krishnan, Partner M/s Smartweld Engineering No.6/613, Quaidhe Millet Street, Lakshmi Nagar, Polichalur, Chennai 600 074.

Petitioner(s) Vs

1. P.C.Sivasankar S/O. P.G. Chandra Sekhar, Partner M/s Smartweld Engineering, No.51, Vijayalakshmi Nagar, Vallencheri, Guduvanchari - 603203.

Respondent(s) CRP No. 1937 of 2026

1. K.Gunasekaran S/O. G.Krishnan, Partner M/s Smartweld Engineering No.6/613, Quaidhe Millet Street, Lakshmi Nagar, Polichalur, Chennai 600 074.

Petitioner(s) Vs

1. P.C.Sivasankar S/O. P.G. Chandra Sekhar, No.51, Vijayalakshmi Nagar, Vallencheri, Guduvanchari, Chengalpattu District - 603303.

Respondent(s) PRAYER To allow this Civil Revision Petition by setting aside the dismissal order dated 11.03.2026 passed in IA.No.5 of 2026 in COS.No.63 of 2026 on the file of Commercial court, Chengalpattu CRP No. 1936 of 2026 PRAYER To allow this Civil Revision Petition by setting aside the dismissal order dated 11.03.2026 passed in IA.No. 3 of 2026 in COS.No.63 of 2026 on the file of Commercial court, Chengalpattu CRP No. 1937 of 2026 PRAYER To allow this Civil Revision Petition by setting aside the dismissal order dated 11.03.2026 passed in IA.No. 4 of 2026 in COS.No.63 of 2026 on the file of Commercial court, Chengalpattu.

For Petitioner(s):

Mr.D.Magesh For Respondent(s):

Mr.D.Baskar

ORDER

The petitioner has filed these Civil Revision Petitions to set aside the dismissal order dated 11.03.2026 passed in I.A.Nos. 5, 3 & 4 of 2026 in COS.No.63 of 2026 on the file of Commercial Court, Chengalpattu.

2. Before the trial Court, the petitioner had filed I.A.Nos. 5, 3 & 4 of 2026 in COS.No.63 of 2026. These applications were filed under Order XVIII Rule 17 CPC to recall PW.1 for further Chief examination, and under order VII Rule 14(3) CPC to receive Additional documents, and under Section 151 CPC to reopen the P.W.1 evidence. The learned trial Judge dismissed all the aforesaid applications. Aggrieved by the same, the petitioner has filed the present revision petitions.

3. After completion of the plaintiff's evidence, the revision petitioner filed applications seeking to reopen the case and produce additional documents. The trial Court dismissed the applications, holding that no proper or exceptional reasons were assigned, especially considering that it is a commercial court proceeding where such applications cannot be entertained routinely.

4. The learned counsel for the revision petitioner submitted that, during cross-examination by the defendant, questions were raised regarding certain

documents which were available with the plaintiff. Initially, the plaintiff believed that those documents were not necessary, however, he later realised their importance and filed the present applications. The trial Court, however, failed to grant one more opportunity to prove his case.

5. The learned counsel for the respondent opposed the same, contending that no valid reasons were assigned in the affidavit for the belated production of documents. He further submitted that the petitioner is attempting to fill up lacunae, and therefore, the trial Court rightly dismissed the applications.

6. On consideration of the submissions and on perusal of the records, it is seen that the petitioner seeks to produce documents such as HDFC Bank statements, RC book, ICICI insurance policy, rental agreement, and Web copy of Standard Chartered Bank Credit Card statement of the petitioner for the period from 18.12.2016 to 09.01.2017. All these documents were already in his possession, but he was under the impression that they were not necessary. Subsequently, he realised their relevance and filed the applications.

7. Admittedly, the suit is one for rendition of accounts, and to prove individual as well as partnership transactions, these documents are necessary. Therefore, an opportunity ought to be given.

8. Though it is a commercial court proceeding and such applications cannot be entertained as a matter of routine, considering the necessity of the documents to substantiate the plaintiff's claim, this Court is inclined to allow the applications.

9. Accordingly, these Civil Revision Petitions are allowed. Consequently, the connected miscellaneous petitions are closed. No costs.

10. Liberty is granted to the defendant to cross-examine the plaintiff with respect to the additional documents. The trial Court is directed to dispose of the case within a period of eight weeks from the date of receipt of a copy of this order.

06-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri To 1.The Commercial Court, Chengalpattu.

2.The Section Officer, VR-Section, High Court of Madras.

T.V.THAMILSELVI J.

rri AND CMP NO. 8612 OF 2026,CMP NO. 8689 OF 2026,CMP NO. 8685 OF 2026,CRP NO. 1936 OF 2026,CRP NO. 1937 OF 06-04-2026