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Madras High CourtA/6246/2025allowed

Sri Dwaraka Doss Goverdhan Doss And Sow Gangabai Memorial Trust v. Haridas Purushothamdas @ P.Haridas

2026-02-11Honourable Mr.Justice P. Dhanabal3 pages

A.No.6246 of 2025 in C.S.No.232 of 2021 P.DHANABAL,J.

This application has been filed to condone the delay in filing the documents appended to the Judge's Summons and receive the same.

2. According to the applicant he is the third defendant in the main suit and at the time of filing the written statement, those documents were not available thereby unable to file those documents along with the written statement. Therefore, now he has filed this application.

3. The other side has seriously objected on the ground that already Advocate Commissioner was apppointed for examination fo DW1, but not examined the witness for the past 296 days and now filing this petition only to delay the proceedings.

4. Considering the rival submissions made on either side and the nature of application and in order to give a fair chance to applicant, this application is allowed.

5. The documents cane be received, subject to proof, relevancy and admissibility. The respondent is at liberty to raise objections at the time of marking of those documents.

6. With the above observation, this A.No.6246 of 2025 is allowed.

7. Post the main suit before the learned I Additional Master for recording of evidence on 27.02.2026 and the defendant's side evidence be completed on or before 27.03.2026.

11.02.2026 nvi

P.DHANABAL,J., nvi A.No.6246 of 2025 in C.S.No.232 of 2021 11.02.2026