Partly allowed¶19

S.Kalpana Satish v. Lakshmi Sundara Raj

Madras HC23 Apr 2025A/353/2025

Case brief

AI extract

What is this about?

Permission for cross-examination through Video Conferencing considered; in-person cross-examination directed instead; Order XIV Rule 8 of O.S.Rules r/w. Section 151 of C.P.C; T.O.S.No.5 of 2021; Additional Master - IV; elderly (about 83 years old) Defendant/Plaintiff-side dispute; Applicant travelling from London; expedition and early completion of trial; listing dated 16.06.2025; partly allowed; Madras High Court original-side interlocutory application.

What did the court decide?

Application partly allowed: Applicant/Defendant directed to appear in person and permitted to undergo further cross-examination by the Respondent/Plaintiff; suit to be listed before the Additional Master - IV on 16.06.2025, with direction to complete the trial as early as possible. ¶19

S.Kalpana Satish Vs Lakshmi Sundara Raj — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Applicant/Defendant may be permitted to subject herself to further cross-examination through Video Conferencing.

¶11

Court's answer

Having considered the submissions of the learned counsel on either side, the Court partly allowed the Application: the Applicant/Defendant is directed to appear in person for cross-examination and is permitted to subject herself to cross-examination by the Respondent/Plaintiff.

¶19

Ratio / Principle

Registry is directed to list T.O.S.No.5 of 2021 before the learned Additional Master - IV on 16.06.2025 for further cross-examination of the Applicant/Defendant, and the learned Additional Master - IV is directed to complete the trial of the suit as early as possible.

¶20

Detailed headnote1 paragraphs

Madras High Court (sole bench: Justice C. Saravanan), order dated 23.04.2025 in Application No.353 of 2025 in T.O.S.No.5 of 2021. The Applicant/Defendant (Mrs. Kalpana Satish), who had been undergoing cross-examination by the Respondent/Plaintiff (Mrs. Lakshmi Sundara Raj) and was to travel from London, applied under Order XIV Rule 8 of O.S.Rules r/w. Section 151 of C.P.C to complete her further cross-examination through Video Conferencing. Counsel for the Respondent raised no serious objection but, noting the Applicant was about 83 years old, urged that direction be issued to expedite the trial. Partly allowing the application, the Court directed the Applicant/Defendant to appear in person for cross-examination by the Respondent/Plaintiff, instructed the Registry to list the suit before the learned Additional Master - IV on 16.06.2025, and directed the Master to complete the trial of the suit as early as possible.

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.04.2025

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Coram:

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The Honourable Mr.Justice C.SARAVANAN

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Application No.353 of 2025 in T.O.S.No.5 of 2021

Mrs.Kalpana Satish

...Applicant

Versus

Mrs.Lakshmi Sundara Raj

¶10

...Respondent

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Application filed under Order XIV Rule 8 of O.S.Rules r/w. Section 151 of C.P.C praying to permit the Applicant/Defendant to subject herself for further cross examination through Video Conferencing.

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For Applicant : Mr.V.Meenakshi Sundaram For Respondent : Mr.S.R.Sundar

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ORDER

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This Application has been filed by the Applicant/Defendant praying to subject herself for further cross examination through Video Conferencing.

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1/3

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https://www.mhc.tn.gov.in/judis

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The learned counsel for the Applicant/Defendant submitted that the Applicant/Defendant who was being cross-examined by the Respondent/Plaintiff will come to India from London for subjecting herself to further cross examination.

¶18

The learned counsel for the Respondent/Plaintiff submitted that he has no serious objection to this Application being allowed. However, the learned counsel submitted that the Applicant/Defendant is about 83 years old and therefore, appropriate direction may be issued to the learned Additional Master – IV to complete the trial of the suit as early as possible.

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Considering the submissions made by the learned counsel on either side, this Application is partly allowed and the Applicant/Defendant is directed to appear in person for cross examination and is permitted to subject herself for cross-examination by the Respondent/Plaintiff.

¶20

Registry is directed to list T.O.S.No.5 of 2021 before the learned Additional Master – IV on 16.06.2025 for further cross-examination of Applicant/Defendant. The learned Additional Master – IV is directed to complete the trial of the suit as early as possible.

23.04.2025

mrr

Index : Yes/No

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https://www.mhc.tn.gov.in/judis

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C.SARAVANAN, J.