K.Vijayachamundeeswari and Another Vs S.Uma Maheswari — Madras HC (2025) — LawSathi Research

K.Vijayachamundeeswari and Another Vs S.Uma Maheswari — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the plaintiffs/applicants to file and mark additional documents in T.O.S.No.47 of 2022, subject to admissibility, proof and relevancy; the xerox copy at serial number 11 to be marked only after any objection is recorded by the learned Additional Master; witness directed to be present before the learned Additional Master-IV on 28.07.2025 for recording of evidence.

Issue for consideration

Whether the plaintiffs/applicants may be permitted to file additional documents and receive/mark the same during the course of trial in T.O.S.No.47 of 2022.

Court's answer

The additional documents sought to be filed may be marked subject to admissibility, proof and relevancy.

Ratio / Principle

The document at serial number 11, being a xerox copy, may be marked since no dispute over its authenticity was raised; if any objections are raised, the learned Additional Master shall record the same and thereafter permit the document to be marked; placing that caveat, the application stands allowed.

Key takeaways

The witness is to be present before the learned Additional Master-IV on 28.07.2025 for recording of evidence.ratio¶26

Detailed headnote1 paragraphs

Madras High Court (C.V. Karthikeyan, J.), order dated 09.07.2025, allowed A.No.2786 of 2025 in T.O.S.No.47 of 2022, an application under Order XIV Rule 8 of the O.S.Rules read with Order VII Rule 14(3) of CPC, permitting the plaintiff-applicants to file and mark additional documents during trial. The documents relate to inter se communication between the plaintiffs and the defendant, the judgment in the earlier suit in O.S.No.7594 of 1989, A.S.No.343 of 1990 and S.A.No.1144 of 1992, and documents relating to mortgage, settlement and sale. Marking is subject to admissibility, proof and relevancy; the xerox copy at serial number 11, over whose authenticity no dispute was raised, may be marked after any objection is recorded by the learned Additional Master. The witness was directed to be present before the learned Additional Master-IV on 28.07.2025 for recording of evidence. Background: O.P.No.27 of 2022 concerning a will said to have been executed by Elumalai Pillai was converted into the Testamentary Original Suit on the respondent's objection; Tr.C.S.No.57 of 2023 is the lead suit in which the plaintiffs are to lead evidence first.

A.No.2786 of 2025 in T.O.S.No.47 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN

A.No.2786 of 2025

IN T.O.S.No.47 of 2022

1.K.Vijayachamundeeswari 2.K.Saravanan

Vs.

S.Uma Maheswari

.. Respondent

Application filed under Order XIV Rule 8 of O.S.Rules r/w. under Order VII Rule 14(3) of CPC to permit the plaintiffs/applicants herein to file additional documents mentioned below and to receive the same in T.O.S.No.47 of 2022 on the file of this Court.

This application has been filed seeking permission to the plaintiffs to

introduce further documents and mark the same during the course of trial.

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A.No.2786 of 2025 in T.O.S.No.47 of 2022

In the affidavit filed in support of Judges Summons, it had been contended that originally, O.P.No.27 of 2022 had been filed with respect to a will said to have been executed by Elumalai Pillai. Owing to the objection raised by the respondent, the said Original Petition was converted as Testamentary Original Suit. Parties will now have to tender evidence along with Tr.C.S.No.57 of 2023, being the lead suit and the plaintiffs in the suit will have to lead evidence first. The applicants/plaintiffs seek permission to mark further documents and a perusal of the same shows that they relate to inter se communication between the plaintiffs and the defendant and also judgment in earlier suit in O.S.No.7594 of 1989 and A.S.No.343 of 1990 and S.A.No.1144 of 1992. Documents relating to mortgage, settlement and sale are also sought to be marked.

Heard the learned counsel for the respondent.

The documents may be marked subject to admissibility, proof and relevancy. One of the documents mentioned in the list viz ., document in serial number 11 is a xerox copy, but, learned counsel states that there is no dispute raised over the authenticity of the said document. If any objections are raised, the

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A.No.2786 of 2025 in T.O.S.No.47 of 2022

learned Additional Master may record the same and thereafter, permit the document to be marked. Placing that caveat, this application stands allowed.

The witness to be present before the learned Additional Master-IV on

28.07.2025 for recording of evidence.

09.07.2025

gya

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A.No.2786 of 2025 in T.O.S.No.47 of 2022

C.V. KARTHIKEYAN, J.

gya

A.No.2786 of 2025 IN T.O.S.No.47 of 2022

09.07.2025

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