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S.Sureshkumar v. S.Karunamoorthy

Madras HC3 Jul 2025CRP(MD)/2280/2023

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; CRP(MD) No.2280 of 2023 & CMP(MD) No.11733 of 2023; M.Dhandapani J.; decided 03/07/2025; filed under Article 227 Constitution of India; challenge to order dated 20.02.2023 in IA No.3/2023 in OS No.95/2020, II Additional District Judge, Tiruchirappalli; attachment before judgment under 'Order .. Rule 5' CPC; reopening of case for further evidence under Section 151 CPC; recovery suit for Rs. 60,63,332/-; liberty to cross-examine witnesses; disposed without adverting to merits; no costs; Sureshkumar v. S.Karunamoorthy; counsel Mr.S.Rajesh Kanna; respondent no appearance.

What did the court decide?

Liberty granted to the petitioner to cross-examine the witnesses; no costs awarded; connected Miscellaneous Petition (CMP(MD) No.11733 of 2023) closed. ¶24

S.Sureshkumar Vs S.Karunamoorthy — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to cross-examine the witnesses; no costs awarded; connected Miscellaneous Petition (CMP(MD) No.11733 of 2023) closed.

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Issue for consideration

Whether the order dated 20.02.2023 in IA No.3/2023 in OS No.95/2020 passed by the II Additional District Judge, Tiruchirappalli, challenged by the petitioner/defendant under Article 227 of the Constitution of India, should be interfered with. (The judgment leaves ambiguous whether the impugned order is the attachment-before-judgment order or the order allowing reopening under S.151 CPC.)

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Court's answer

In view of the submission made by learned counsel for the petitioner (that the chief-examination of the plaintiff is over and the petitioner may be permitted to cross-examine the witnesses), the Court, without adverting to the merits or the contentions, disposed of the Civil Revision Petition by granting liberty to the petitioner to cross-examine the witnesses, with no costs, and closed the connected Miscellaneous Petition.

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Detailed headnote1 paragraphs

Civil Revision Petition (CRP(MD) No.2280 of 2023, with connected CMP(MD) No.11733 of 2023) under Article 227 of the Constitution of India by the defendant in OS No.95/2020 — a suit by the respondent/plaintiff for recovery of Rs. 60,63,332/- — against the order dated 20.02.2023 in IA No.3/2023 passed by the II Additional District Judge, Tiruchirappalli. The judgment describes the impugned order both as an attachment-before-judgment order passed on an application under 'Order .. Rule 5' of the Code of Civil Procedure (para 18) and as an order allowing the plaintiff's post-trial application under Section 151 CPC to reopen the case for adducing further evidence (para 19). Counsel for the petitioner submitted that the plaintiff's chief-examination was over and that the petitioner may be permitted to cross-examine the witnesses. Without adverting to the merits or the contentions, the Madurai Bench of the Madras High Court (M.Dhandapani, J.) disposed of the revision petition by granting liberty to the petitioner to cross-examine the witnesses, directed that there shall be no costs, and closed the connected Miscellaneous Petition. No precedent was cited and no substantive ruling on the validity of the impugned order was made.

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CRP(MD). No.2280 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 03/07/2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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CRP (MD). No.2280 of 2023 and CMP(MD) No.11733 of 2023

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Sureshkumar ... Petitioner

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S.Karunamoorthy ... Respondent

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PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 20.02.2023 in IA No.3/2023 in OS No.95/2020 on the file of the II Additional District Judge, Tiruchirappalli.

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For Petitioner : Mr.S.Rajesh Kanna For Respondent : No appearance

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ORDER

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This Civil Revision Petition has been filed against the order dated

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20.02.2023 in IA No.3/2023 in OS No.95/2020 on the file of the II Additional District Judge, Tiruchirappalli.

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

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CRP(MD). No.2280 of 2023

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The petitioner is the defendant in OS No.95/2020 and the respondent/plaintiff filed the said suit for recovery of a sum of Rs. 60,63,332/- in which the respondent/plaintiff filed an application under Order .. Rule 5 of the Code of Civil Procedure for attachment before judgment and an order of attachment was passed. Challenging the same, the petitioner is before this Court.

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The learned counsel for the petitioner would submit that respondent/plaintiff filed the said suit for recovery of money. After trial, he filed an application under Section 151 of the Code of Civil Procedure to reopen the case for adducing further evidence and the same was allowed. Challenging the same, the petitioner is before this Court. However, the learned counsel would submit that the chief-examination of the plaintiff is over and the petitioner may be permitted to cross-examine the witnesses.

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In view of the said submission now made by the learned counsel for the petitioner, without adverting to the merits or the contentions, the Civil Revision Petition is disposed of by granting liberty to the petitioner

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

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CRP(MD). No.2280 of 2023

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to cross-examine the witnesses. No costs. Consequently connected Miscellaneous Petition is closed.

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03.07.2025

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NCC : Yes/No Index : Yes/No RR TO 1.The II Additional District Judge, Tiruchirappalli. 2.VR Section Madurai Bench of Madras High Court, Madurai.