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Madras High CourtSUB APPL/698/2026allowed

N.Rajiv Naidu, v. P.Udhayakumar

2026-06-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Sub Applications (O.S)Nos.698 and 699 of 2026 and Cont.P.No.3579 of 2024 N.Rajiv Naidu, 7, 1st Avenue, Shastri Nagar, Adyar, Chennai 600 020.

.. Applicant/Petitioner in both cases /versus/ P.Udhayakumar, Managing Director of Landmark Housing Projects, Chennai Private Limited, No.27, Saravanan Street, T.Nagar, Chennai 600 017.

..Respondent/Respondent in both cases Prayer in Sub Application No.698 of 2026:

Sub Application has been filed under Section 151 of C.P.C., to permit PW1 to be re-examined in chief by filing the Additional Proof Affidavit along with additional documents.

Prayer in Sub Application No.699 of 2026:

Sub Application has been filed under Section 151 of C.P.C., to receive and take on record the schedule mentioned five additional documents and permit them to be marked as Exhibits P25 to P29 through PW1-Mr.Rajiv Naidu in contempt petition No.3579 of 2024.

For Applicant :Mr.Vaibhav R.Venkatesh (both cases) For Respondent :Mr.G.Karthikegan, Sr.C. for (both cases) Ms.A.Jagadeeswari Page Nos.1/4

COMMON ORDER The applicant has filed these sub applications to receive to re-examine him in chief and to receive five additional documents.

2. The case records indicate that after the examination-in-Chief on 19.09.2025 marking 25 exhibits, the case stood adjourned to 13.10.2025 for cross examination, if any. For various reasons, cross examination could not be commenced. Meanwhile, the present applications are filed seeking to receive additional documents.

3.Learned Senior Counsel appearing for the contemnor submitted that several facts, which are unconnected to the contempt petition and to the contemnors in the contempt petition, are brought by way of an additional affidavit and additional documents and hence, he requests time to file counter.

4. This Court is of the view that receiving additional documents based on the affidavit is per se in addition of the facts already pleaded or reflected in the exhibits. The contents of the documents are subject to proof and relevancy. Hence, marking of the documents, preserving the right of the contemnor to challenge their veracity, relevancy and proof will not prejudice the contemnor Page Nos.2/4

herein in any way. Accordingly, these applications to receive five additional documents are allowed, subject to the reservations mentioned above. 24.06.2026 Index:yes/no speaking order/non speaking order ari Page Nos.3/4

DR.G.JAYACHANDRAN,J.

ari Sub Applications (O.S)Nos.698 and 699 of 2026 and Cont.P.No.3579 of 2024 24.06.2026 Page Nos.4/4