Allowed¶27

Mrs.Kalaiyarasi and 3 others v. Mrs.Kasthuri and 6 others

Madras HC18 Feb 2026A/845/2026

Case brief

AI extract

What is this about?

Keywords: reopen evidence; recall witness; P.W.1; cross-examination; Order XIV Rule 8 Original Side Rules; Section 151 C.P.C.; fair chance to defendant-applicants; reference to learned Master; adjournment limit of 3 days; plaintiff evidence closed due to counsel's ailment; Madras High Court Original Side; C.S.No.366 of 2020. Relevant for: orders allowing reopening/recall of plaintiff-side witnesses for cross-examination where evidence was closed on account of counsel's inability, and directions to Masters limiting adjournments for speedy trial.

What did the court decide?

Applications to reopen the plaintiffs' evidence and recall P.W.1 for cross-examination allowed; main suit referred to the learned Master for recording of evidence on 03.03.2026. ¶27

Mrs.Kalaiyarasi and 3 others Vs Mrs.Kasthuri and 6 others — Madras HC (2026) — LawSathi Research

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A.Nos.845 and 846 of 2026 in C.S.No.366 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.02.2026

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CORAM:

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THE HONOURABLE MR. JUSTICE P.DHANABAL

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A.Nos.845 and 846 of 2026 in C.S.No.366 of 2020

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1.Kalaiyarasi 2.S.Vijayakumar 3.S.Maheswaran 4.S.Mahalakshmi ...Applicants in both cases

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vs.

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1.Kasthuri 2.S.Arumugam 3.P.Devi 4.S.Gajendran 5.Sampath

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6.Rajeshwari

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….Respondents in both cases

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PRAYER in A.No.845 of 2026 : This application has been filed under Order XIV Rules 8 of the Original Side Rules R/W Section 151 C.P.C., praying to reopen the evidence of plaintiffs for the purpose of cross examination of P.W.1.

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PRAYER in A.No.846 of 2026 : This application has been filed under Order XIV Rules 8 of the Original Side Rules R/W Section 151 C.P.C., praying to recall P.W.1 for the purpose of cross examination.

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Page No.1 of 4

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

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A.Nos.845 and 846 of 2026 in C.S.No.366 of 2020

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For Applicants	: Mr.G.Saravanan
For R1&R2	: Mr.P.Sesubalan Raja
For R3&R4	: Mr.A.Vinothraj
For R5 to R7	:Set ex-parte in suit

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O R D E R

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These applications have been filed by the applicants to reopen and recall the evidence of plaintiffs for the purpose of cross examination of P.W.1.

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According to the applicants, they are defendants in the main suit and already P.W.1 was examined and chief examination of the plaintiffs was recorded and thereafter, the case was posted for cross-examination. At the time, the learned counsel for the defendants was unable to cross examine the witnesses due to his ailment and therefore the matter was referred to this Court and the plaintiff evidence was closed. Now, they have filed these petitions to re-open the case and re-call the plaintiff side witnesses for cross examination of P.W.1.

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The other side has seriously objected and only to delay the

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proceedings, these applications have been filed.

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Page No.2 of 4

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

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A.Nos.845 and 846 of 2026 in C.S.No.366 of 2020

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Considering the rival submissions made on either side and the

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nature of application and in order to give a fair chance to applicant , these applications are allowed.

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5.The main suit is referred to the learned Master for recording of evidence on 03.03.2026. Both the parties are directed to co-operate for speedy disposal of the case and the learned Master is directed to record the evidence as early as possible, without granting any long adjournment beyond 3 days.

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18.02.2026

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nvi

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Index:Yes / No Speaking / Non Speaking Order Neutral citation : Yes/No

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Page No.3 of 4

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

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A.Nos.845 and 846 of 2026 in C.S.No.366 of 2020