An applicant sought to reopen plaintiff side evidence under Order XIV Rule 8 Original Side Rules and Section 151 CPC to examine the scribe of a will as an additional witness after the main evidence was recorded and arguments posted.
Application allowed; subpoena to be issued to the proposed witness to examine him in chief orally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No. 3566 of 2025 in T.O.S. No. 9 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
A.No. 3566 of 2025 in
T.O.S. No. 9 of 2021
1.Anirudh alias Anirudh Krishna 2.Sriaditi ...Applicants
Vs.
Nalini Viswanathan ... Respondent Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure, praying to re-open the plaintiff side evidence for the purpose of examining the further witnesses in the above TOS.
For applicants : Mr.P.R.Raman, Senior Counsel For Mr.C.Seethapathy For Respondent : Mr.Geetha Rameseshan
This application has been filed seeking to reopen the evidence on
the side of the plaintiff to examine further witness.
Page 1 of 4
A.No. 3566 of 2025 in T.O.S. No. 9 of 2021
witnesses. PW1 is the second plaintiff and the PW2 is the one of the attesting witnesses. Thereafter, the defendant had examined himself/herself as DW1. The recording of evidence had been completed and the mater had been posted before this Court for advancing arguments.
issues, which had been framed on examination of the pleadings.
opportunity to cross-examine the witness. But the Court should also afford all opportunities to any party to any litigation to adduce evidence both oral and documentary to substantiate their case.
Page 2 of 4
A.No. 3566 of 2025 in T.O.S. No. 9 of 2021
However, subpoena to be issued to the proposed witness and the evidence in Chief to be taken orally.
12.08.2025
Maya
1/2
Page 3 of 4
A.No. 3566 of 2025 in T.O.S. No. 9 of 2021
C.V.KARTHIKEYAN, J.
Maya
A.No. 3566 of 2025 in T.O.S. No. 9 of 2021
Dated : 12.08.2025
Page 4 of 4
2 issues framed by the court
Whether an application filed under Order XIV Rule 8 and Section 151 CPC to recall opening of add to plaintiff's evidence is maintainable at the stage of cross-examination.
Whether leave of the Court is required to recall opening of add to plaintiff's evidence after the evidence has been recorded and the matter posted for arguments.
2 provisions across 2 enactments
Anirudh alias Anirudh Krishna & ors.
Nalini Viswanathan
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
