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Madras High CourtA/5050/2025allowed

M/S. Kasthuri And Company v. M/S. Emjay Constructions

2025-11-04Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL A.No.5050 of 2025 in C.S.No.699 of 2019 M/s.Kasthuri and Company, a Registered Firm, rep. by its Managing Partner, N. Veerappan, No.57, Prasanna Vinayagar Koil Street, Mylapore, Chennai-600 004.

.. Applicant ..Vs..

1. M/s.Emjay Constructions, represented by its Managing Partner Mr.Vijayarajan, No.7, Central Street, Kilpauk, Chennai-600 010.

Mr.K.Murugesan (deceased)

2. Mrs.M.Murugesan Jaya, partners, W/o Mr.Murugesan, Partner, M/s.Emjay Constructions,

3. Mr.M.Vijayarajan, partner, M/s.Emjay Constructions, Defendants 2 to 4, having their Office at No.7, Central Street, Kilpauk, Chennai-600 010.

.. Respondents

Application filed under Order XIV Rule 8 of the Original Side Rules of this Court, read with Section 151 of the Code of Civil Procedure, read with Order VII Rule 14(3) of CPC, praying to condone the delay to the applicant/plaintiff to file additional documents in support of the plaint. For applicant : M/s.A.Sundara Vadhanan For respondents : Mr.C.Venkatesalu ******

ORDER

This application has been filed seeking condonation of delay in filing application to file additional documents in support of the plaint. According to learned counsel appearing for the applicant, the petition mentioned documents are essential to prove the case and the plaintiff obtained those documents from the Auditor belatedly and hence they are unable to file the same along with the plaint. Learned counsel appearing for the respondents strongly objected this application on the ground that those documents are no-way connected with the suit.

Heard the learned counsel appearing on either side and perused the materials.

Considering the nature of application and the reasons stated in the affidavit, the delay is condoned. The documents shall be received, subject to proof, relevancy and admissibility of the same. However, the respondents are at liberty to raise objections, if any, at the time of marking of the documents.

Post the matter before the Master on 17.11.2025. 04.11.2025 cgi P.DHANABAL, J

cgi A.No.5050 of 2025 in C.S.No.699 of 2019 04.11.2025