H. Rajkumar v. H. Sanjay
Case brief
What is this about?
Interlocutory application (A No. 3883 of 2025 in C.S. No. 181 of 2025, High Court of Judicature at Madras, single judge Dr. Justice A.D. Maria Clete, 09-07-2026) DISMISSED, no costs. Application seeking court-directed production of a deceased father's (Late Mr.K.Harichand) personal and business bank/cash accounts (2016 onwards), asset transactions, and list of movable and immovable assets. Holding: parties must substantiate claims at trial by adducing evidence; non-production of documents in a party's exclusive custody is to be weighed at the final stage; adverse inference reserved to final adjudication on trial evidence. Prior affidavit of assets in T.O.S. No. 25 of 2022 relied on by respondent. Keywords: document production, adverse inference, exclusive custody, trial evidence, interlocutory application dismissed.
What did the court decide?
It is ultimately for the respective parties to substantiate their claims during the trial by adducing relevant evidence, and where a party fails to produce documents within its exclusive custody, the appropriate recourse is for the Court to weigh such non-production at the final stage.