Mrs.Parvathi Ramaswamy Vs Ar Rm Arun — Madras HC (2025) — LawSathi Research

Mrs.Parvathi Ramaswamy Vs Ar Rm Arun — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application No.1247 of 2025 allowed; Applicants/Defendants permitted to file the documents set out in the list of documents in the Schedule appended with the Judges sums with the 1154-day delay condoned, subject to admissibility, proof and relevancy, with liberty to the Respondent/Plaintiff to raise all objections during the trial of suit C.S.No.749 of 2013.

Issue for consideration

Whether the Application by the Applicants/Defendants to file the documents set out in the list of documents in the schedule appended with the Judges summons, and to have them received by condoning the delay of 1154 days, should be allowed notwithstanding the Respondent/Plaintiff's objection that the schedule was not served on it and that trial commencement has been proposed.

Court's answer

The single-judge Bench found no impediment in allowing the Application and allowed it, thereby permitting the Applicants/Defendants to file the scheduled documents with condonation of the 1154-day delay.

Ratio / Principle

The documents sought to be filed by the Applicants/Defendants are permitted to be marked subject to their admissibility, proof and relevancy.

Key takeaways

The Respondent/Plaintiff remains free to raise all objections to the newly filed documents during the trial of the suit.ratio¶¶23

Detailed headnote1 paragraphs

Madras High Court (Original Side), C.S. side — Interlocutory Application No.1247 of 2025 in C.S.No.749 of 2013, filed by four Defendants under Order XIV Rule 8 and Order IX Rule 8 of the O.S. Rules read with Order VIII Rule 1A(3) of the C.P.C., seeking leave to file the documents listed in the schedule appended with the Judges summons by condoning a delay of 1154 days. Despite the Plaintiff's objection that the schedule had not been served and that trial commencement had been proposed, the Application was allowed: the documents may be marked subject to admissibility, proof and relevancy, and the Plaintiff may raise all objections during the trial of the suit.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.04.2025

Coram:

The Honourable Mr.Justice C.SARAVANAN

Application No.1247 of 2025 in C.S.No.749 of 2013

1.Mrs.Parvathi Ramaswamy

2.Mrs.S.S.Meena

3.Mrs.Umayal Ramanathan

4.Mrs.Chittal Chetty

...Applicants

Versus

AR.RM.Arun

...Respondent

Prayer:

Application filed under Order XIV Rule 8 of O.S. Rules r/w. Order IX Rule 8 of O.S.Rules and r/w. Order VIII Rule 1A(3) of C.P.C praying to permit the Applicants/Defendants herein to file the documents which are set out in the list of documents shown in the Schedule appended with the Judges summons and receive the same by condoning the delay of 1154 days in filing the same.

For Applicants : Mr.K.P.Ashok

For Respondent : Ms.M.Meena Rukmani for Mr.L.Palanimuthu

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ORDER

This Application has been filed by the Applicants/Defendants praying to permit them to file the documents which are set out in the list of documents shown in the schedule appended with the Judges summons and receive the same by condoning the delay of 1154 days in filing the same.

The learned counsel for the Respondent/Plaintiff raised objection for allowing this Application on the ground that the list of documents shown in the schedule appended with the Judges summons have not been served to the Respondent/Plaintiff and a proposal has been made for the commencement of trial.

I find no impediment in allowing this Application. Hence, this Application is allowed. However, in order to preserve the rights of the Respondent/Plaintiff, the documents which are sought to be filed by the Applicants/Defendants are allowed to be marked subject to the admissibility, proof and relevancy. It is open for the Respondent/Plaintiff to raise all objections during the trial of the suit.

22.04.2025

mrr

Index : Yes/No

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C.SARAVANAN, J.

mrr

Application No.1247 of 2025 in C.S.No.749 of 2013

22.04.2025

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