Subramaniyam Vs M.Palanivel — Writ and Judicial Review | Madras HC (2026)

Subramaniyam Vs M.Palanivel — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Trial Court's dismissal of I.A.Nos.7, 8 and 9 of 2024 - applications filed by the plaintiff at the argument stage to re-open the evidence of P.W.1, send the disputed documents to a finger print expert under Section 45 of the Indian Evidence Act, 1872, and obtain the disputed document from the Sub Registrar - suffers from any infirmity warranting interference under Article 227 of the Constitution of India. +1 more

Court's answer

This Court finds no infirmity in the reasons given by the Trial Court for dismissing the petitioner's applications.

Ratio / Principle

There is no merit in these Civil Revision Petitions.

Key takeaways

The Trial Court rightly rejected the interlocutory applications on the ground of inordinate delay: the petitioner, as plaintiff bearing the initial burden to prove his case and having categorically asserted that the Sale Deed is a fabricated document, ought to have produced documentary evidence and filed appropriate applications at the inception of the suit rather than waiting until arguments commenced.ratio¶45

Detailed headnote1 paragraphs

Civil Revision Petitions (CRP Nos. 1501, 1513 and 1514 of 2025, with connected CMP No. 8836 of 2025) under Article 227 of the Constitution of India, filed by the plaintiff in O.S.No.18 of 2014 (II Additional District Munsif, Salem) - who alleged that the Sale Deed standing in the defendant's name was a fabricated document and sought its declaration as null and void - DISMISSED. The plaintiff had moved I.A.Nos.7, 8 and 9 of 2024 seeking (a) re-opening of the evidence of P.W.1, (b) transmission of the disputed documents to a finger print expert under Section 45 of the Indian Evidence Act, 1872, and (c) retrieval of the disputed document from the Sub Registrar, but filed them only when the suit was ripe for arguments and the trial stood completed. The Trial Court rejected the applications as belated and dilatory. Abdul Quddhose J. upheld the Trial Court's order, holding that a plaintiff asserting fabrication bears the initial burden of proof and ought to have produced documentary evidence and filed such applications at the inception of the suit; no infirmity was found in the Trial Court's reasons. All three Civil Revision Petitions dismissed with no costs; connected Miscellaneous Petition closed. Decision dated 01-07-2026.

CRP No. 1501 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP Nos. 1501, 1513 and 1514 of 2025 and CMP No. 8836 OF 2025

CRP.No.1501 of 2025

Subramaniyam S/o. Elumalai, Meanvayan Street, Salathampatti, Sooramangalam Post, Salem Taluk and District Pincode-636005.

..Petitioner in all CRP’s

Vs

M.Palanivel S/o.Mottaya Gounder, Paavaye Vattam, Kaattuvalavu, Salathampatty, Sooramangalam Post, Salem Taluk and District Pin code-636005.

..Respondent in all CRP’s

Prayer in CRP No. 1501 of 2025:

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and decreetal order dated29.11.2024 passed in IA No 8 of 2024 in OS No.18/2014 on the file of the II Additional District Munsif, Salem.

Prayer in CRP No. 1513 of 2025

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and decreetal order dated 29.11.2024 passed in IA No

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CRP No. 1501 of 2025

7 of 2024 in OS No.18/2014 on the file of the II Additional District Munsif, Salem.

Prayer in CRP No. 1514 of 2025

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and decreetal order dt.29.11.2024 passed in IA No 9 of 2024 in OS No.18/2014 on the file of the II Additional District Munsif, Salem.

For Petitioner Mr.P.Jagadeesan (in all CRP’s): For Respondents Mr.D.Shiva Kumaran (in all CRP’s):

Common Order

These Civil Revision Petitions have been filed challenging the impugned order dated 29.11.2024 passed in I.A.Nos.7,8 and 9 of 2024.

2 . The aforesaid applications were filed by the petitioner seeking for the

following reliefs:

(a) To re-open the evidence of P.W.1.

(b) To send the disputed documents to the finger print expert under

Section 45 of the Indian Evidence Act,1872.

(c) To send the disputed document from the Sub Registrar to the Court.

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CRP No. 1501 of 2025

3.The Trial Court under the impugned order has rejected the applications filed by the petitioner on the following grounds:

(i) The petitioner has filed the applications belatedly i.e., only in the

argument stage in the suit.

(ii) The petitioner having filed a suit to declare the disputed document as

null and void ought to have filed the applications at the inception stage itself but has chosen to file the same in the argument stage, in the main suit.

(iii) The intention of the petitioner is only to drag on the proceedings in the suit.

The petitioner is the plaintiff in the suit in O.S.No.18 of 2014 on the file of the II Additional District Munsif, Salem. The suit was filed to declare the Sale Deed standing in the name of the respondent/defendant as null and void. The petitioner has also sought for other reliefs in the suit.

When the petitioner’s case is that the Sale Deed standing in the name of the respondent/defendant is a fabricated document, the relief sought for in the interlocutory applications viz., I.A.Nos.7,8 and 9 of 2024 could have been sought for at the inception of filing the suit itself. However, the petitioner for the reasons best known to him has filed the interlocutory applications only at the time when the suit was ripe for arguments and the trial was completed. The Trial Court has rightly rejected the interlocutory applications filed by the

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CRP No. 1501 of 2025

petitioner on the ground of inordinate delay on the part of the petitioner to file the interlocutory applications. Having taken a categorical stand that the Sale Deed standing in the name of the respondent/defendant is a fabricated document, the petitioner ought not to have waited for the arguments to commence in the main suit for filing interlocutory applications, seeking for the reliefs as prayed for therein. The Trial Court while dismissing the applications filed by the petitioner has observed that only to drag on the proceedings in the main suit, the petitioner has filed the interlocutory applications. The petitioner is the plaintiff in the suit. The initial burden to prove the petitioner’s case is vested only with the petitioner. Having taken a categorical stand that the Sale Deed standing in the name of the respondent/defendant is a fabricated document, the petitioner ought to have produced documentary evidence and if required ought to have filed appropriate applications at the inception itself to prove that the Sale Deed standing in the name of the respondent/defendant is a fabricated document. Having failed to do so, the question of entertaining the applications filed by the petitioners in the argument stage of the suit by the Trial Court does not arise. The Trial Court has rightly rejected the petitioner’s contentions and dismissed the interlocutory applications filed by the petitioner.

This Court does not find any infirmity in the reasons given by the trial

Court for dismissing the petitioner’s applications. Accordingly, there is no merit in these Civil Revision Petitions and these Civil Revision Petitions are

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dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

01-07-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr To

The II Additional District Munsif, Salem.

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CRP No. 1501 of 2025

ABDUL QUDDHOSE J.

arr

CRP Nos. 1501, 1513 and 1514 of 2025

01-07-2026

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