P.Rajendran v. P.Avanasiappan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2684 of 2026 and CMP No.11299 of 2026
1. P.Rajendran S/o. Pachiyappan, No.35, M.I.G., Old ASTC Hudco Town and Taluk, Krishnagiri District.
Petitioner(s) Vs
1. P.Avanasiappan S/o. Late Palaniyappa Achari, Old No.1-C2, New No.12, Raja Nagar, Sowripalayam, Coimbatore.
Respondent(s) Civil Revision Petition filed under Article 227 of Constitution of India to set aside the docket order dated 17.04.2026 made in O.S.No.6 of 2014 on the file of IV Additional Sessions Court, Coimbatore.
For Petitioner(s):
R.Bharath Kumar For Respondent:
1/4
ORDER
Challenging the docket order passed in O.S.No.6 of 2014 by closing the evidence of P.W.4, the plaintiff has filed the above revision.
2. Learned counsel for the revision petitioner/plaintiff submits that before the trial court, the plaintiff filed a suit for Specific Performance and other consequential reliefs and he wants to examine the Scribe as P.W.4. When the matter was posted for examination, he could not appear on 06.03.2026, since he, being an Advocate by profession and due to his absence, the evidence is strike out and evidence was closed and the matter is posted for defendants side evidence. Aggrieved by the same, the plaintiff has filed the present revision.
3. The fact reveals that P.W.4's proof affidavit has already been filed on 18.11.2025 which shows that the plaintiff wanted to examine P.W.4 on his side and since he, being an Advocate by profession and due to unavoidable circumstances, he was not able to appear on 06.03.2026 and therefore, the evidence was closed. To give one more opportunity, P.W.4 has to be examined on his side since the plaintiff wants to prove his case.
4. Therefore, the order of the trial court, closing the evidence of P.W.4 is set aside and it is ordered to be reopened and P.W.4 is to be cross examined by the defendants and thereafter proceed the case in accordance with law. P.W.4 is directed to appear and has to be cross examined by the contesting defendants.
5. With the above direction, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.04.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order To The IV Additional District and Sessions Court, Coimbatore
T.V.THAMILSELVI.,J sr 29.04.2026