P. Subramaniam Vs Valliammal — Madras HC (2026) — LawSathi Research

P. Subramaniam Vs Valliammal — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both Civil Revision Petitions (CRP Nos.1668 & 1674 of 2026) allowed: impugned common Fair/Final Orders dated 09.03.2026 in IA Nos.31 & 29 of 2026 in OS No.22 of 2008 set aside and the interlocutory applications allowed; Trial Court directed to dispose of the suit within 4 months; consequently the connected miscellaneous petition (CMP No.7754 of 2026) is closed; no costs.

Issue for consideration

Whether the Trial Court rightly dismissed the plaintiffs' applications to reopen the case and recall P.W.1 for the purpose of marking additional documents in IA Nos.31 & 29 of 2026 in OS No.22 of 2008. +1 more

Court's answer

The Trial Court, being a fact-finding authority, ought to provide sufficient opportunity to the parties; though the suit is pending from the year 2008 and P.W.1 has already been cross-examined, the ends of justice require that one more opportunity be granted.

Ratio / Principle

On consideration of the submissions and perusal of the records, the private defendants have not entered the witness box and only Government officials have been examined; therefore the plaintiffs, having sought declaratory relief, must be given a fair opportunity to establish their case.

Key takeaways

The impugned common orders in IA Nos.31 & 29 of 2026 in OS No.22 of 2008 on the file of the District Munsif, Perundurai are set aside and the interlocutory applications are allowed; the Trial Court is directed to dispose of the suit within 4 months.ratio¶107

Detailed headnote1 paragraphs

CIVIL REVISION PETITION — REOPENING OF CASE / RECALL OF WITNESS — ADDITIONAL DOCUMENTS: Common Fair Order and Final Order dated 09.03.2026 of the learned District Munsif, Perundurai, dismissing the plaintiffs' applications in IA Nos.31 & 29 of 2026 in OS No.22 of 2008 to reopen the case and recall P.W.1 for marking additional documents — dismissed on the view that they were filed only to delay proceedings, that sufficient opportunities had been given, and that such applications cannot be entertained after completion of the plaintiffs' arguments — set aside by the High Court (T.V. Thamilselvi J.). HELD: (i) the private defendants did not enter the witness box and only Government officials were examined as D.W.1–D.W.3; plaintiffs seeking declaratory relief must be given a fair opportunity to establish their case; (ii) the Trial Court, being a fact-finding authority, ought to provide sufficient opportunity, and the ends of justice require one more opportunity notwithstanding pendency of the suit from 2008 and completed cross-examination of P.W.1. Interlocutory applications allowed; suit to be disposed of within 4 months; Civil Revision Petitions allowed; connected miscellaneous petition closed; no costs.

CRP No. 1668 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CRP No. 1668 of 2026

AND

CMP NO. 7754 OF 2026,CRP NO. 1674 OF 2026

P. Subramaniam

S/o. K. Ponngianna Gounder, Poochakattu Thottam. Vallipurathanpalayam. Kavundichipalayam Village, Perundurai Taluk.

P. Devarajan

S/o. K. Ponngianna Gounder, Poochakattu Thottam. Vallipurathanpalayam. Kavundichipalayam Village, Perundurai Taluk.

Petitioner(s)

Vs

1. Valliammal

W/o. C. Ponngiannan, Vada Perundurai, Karumandichellipalayam, Perundurai Taluk, Erode Dt.

2.P. Gopalakrishnan

S/o. C. Ponnigannan, Agrahara St, Perundurai Town, Perundurai Taluk, Erode Dt.

3.M. Sakunthala

W/o. S. Murugasamy, Agrahara St, Perundurai Town, Perundurai Taluk, Erode Dt.

4.V.K. Subramaniam

S/o. Karuppana Gounder, Chennimalai

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

CRP No. 1668 of 2026

Road, Perundurai Town.

5.P. Lingamoorthy

S/o. Late. V.K. Palanisamy, Chennaimalai Road, Perundurai Town. Karuppasamy Gounder (Died) Palanisamy Gounder (Died) T.C. Palanisamy (Died)

6.S. Varadharajan S/o. C. Subramanian, No.77, Amirtha Illam, Thingalur Road, Kanjikovil, Kanjikovil Village, Erode Dt.

7.M. Paramasivam

S/o. P. Muthusamy, D.No.30/4, Main St, N.G.G.O. Colony, Erode 638009.

8.Loganathan S/o. P. Muthusamy, Vallipurathanpalayam, kavundichipalayam Village, Perundurai Taluk.

9.M. Thirumoorthy S/o. P. Muthusamy, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

10.T. Selvaraj S/o. Thulasimani, Anbu Malar Complex, Marappa Gounder 1st St, Erode Dt. T. Ravichandran (Died)

11.P. Pannerselvam S/o. Palaniappan, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

12.P. Baskaran

S/o. Periyannan, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

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

CRP No. 1668 of 2026

13.P. Ganesan

S/o. Periyannan. Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

14.S. Thangaraj S/o. Subbaraya Gounder, Poochakkattu Thottam, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

15.P. Saravanakumar S/o. S. Palanisamy, D.No.43, Periyar Nagar, Erode Town. P. Appachiannan (Died)

16.P. Venkatachalam S/o. Periyanna Gounder, Sakthi Polytechnic Campus, Appakudal, Bhavani Taluk.

17.T.C.P. Mani @ Subramaniam S/o. late. Palanisamy, Madathupalayam Road, Near New Bus Stand, Perundurai.

18.P. Palaniammal W/o. Late. Palanisamy, Kongampalayam. Vaippadi Post, Vijayamangalam.

Respondent(s)

CRP No. 1674 of 2026

P. Subramaniam S/o. K. Ponngianna Gounder, Poochakattu Thottam. Vallipurathanpalayam. Kavundichipalayam Village, Perundurai Taluk.

2.P. Devarajan S/o. K. Ponngianna Gounder, Poochakattu Thottam.

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

CRP No. 1668 of 2026

Vallipurathanpalayam. Kavundichipalayam Village, Perundurai Taluk.

Petitioner(s)

Vs

1. Valliammal

W/o. C. Ponngiannan, Vada Perundurai, Karumandichellipalayam, Perundurai Taluk, Erode Dt.

2.P. Gopalakrishnan S/o. C. Ponnigannan, Agrahara St, Perundurai Town, Perundurai Taluk, Erode Dt.

3.M. Sakunthala

W/o. S. Murugasamy, Agrahara St, Perundurai Town, Perundurai Taluk, Erode Dt.

4.V.K. Subramaniam

S/o. Karuppana Gounder, Chennimalai Road, Perundurai Town.

5.P. Lingamoorthy S/o. Late. V.K. Palanisamy, Chennaimalai Road, Perundurai Town. Karuppasamy Gounder (Died) Palanisamy Gounder (Died) T.C. Palanisamy (Died)

6.S. Varadharajan

S/o. C. Subramanian, No.77, Amirtha Illam, Thingalur Road, Kanjikovil, Kanjikovil Village, Erode Dt.

7.M. Paramasivam

S/o. P. Muthusamy, D.No.30/4, Main St, N.G.G.O. Colony, Erode 638009.

8.Loganathan S/o. P. Muthusamy, Vallipurathanpalayam,

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

CRP No. 1668 of 2026

kavundichipalayam Village, Perundurai Taluk.

9.M. Thirumoorthy S/o. P. Muthusamy, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

10.T. Selvaraj S/o. Thulasimani, Anbu Malar Complex, Marappa Gounder 1st St, Erode Dt. T. Ravichandran (Died)

11.P. Pannerselvam S/o. Palaniappan, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

12.P. Baskaran

S/o. Periyannan, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

13.P. Ganesan

S/o. Periyannan. Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

14.S. Thangaraj

S/o. Subbaraya Gounder, Poochakkattu Thottam, Vallipurathanpalayam, Kavundichipalayam Village, Perundurai Taluk.

15.P. Saravanakumar

S/o. S. Palanisamy, D.No.43, Periyar Nagar, Erode Town. P. Appachiannan (Died)

16.P. Venkatachalam

S/o. Periyanna Gounder, Sakthi Polytechnic Campus, Appakudal, Bhavani Taluk.

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

CRP No. 1668 of 2026

17.T.C.P. Mani @ Subramaniam S/o. late. Palanisamy, Madathupalayam Road, Near New Bus Stand, Perundurai.

18.P. Palaniammal W/o. Late. Palanisamy, Kongampalayam. Vaippadi Post, Vijayamangalam.

Respondent(s)

CRP No. 1668 of 2026

PRAYER

To set aside the Common Fair Order and Final Order dated 09.03.2026 made in IA No.31 of 2026 in OS No.22 of 2008 on the file of the Learned District Munsif, Perundurai.

CRP No. 1674 of 2026

PRAYER

To set aside the Common Fair Order and Final Order dated 09.03.2026 made in IA No.29 of 2026 in OS No.22 of 2008 on the file of the Learned District Munsif, Perundurai.

For Petitioner(s): MR.M.Guruprasad

For Respondent(s):

ORDER

Before the Trial Court, the plaintiffs filed applications to reopen the case

and recall P.W.1 for the purpose of marking additional documents, which are stated to be necessary. The Trial Court dismissed the applications holding that they were filed only to delay the proceedings and that sufficient opportunities

had already been given. It was also observed that after completion of the plaintiffs’ arguments, such applications cannot be entertained. Aggrieved by the same, the present revisions have been filed.

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

CRP No. 1668 of 2026

The learned counsel for the petitioners submitted that the suit was filed

for declaration and other consequential reliefs against 23 defendants. However, the defendants did not contest the suit, and only Government officials were examined as D.W.1, D.W.2, and D.W.3. The private defendants did not enter the witness box. In order to prove his case effectively, the plaintiffs seeks to mark additional documents, failing which his valuable rights would be affected.

Considering the submissions and on perusal of the records, it is seen that the private defendants have not entered the witness box and only Government officials have been examined. The plaintiffs, having sought declaratory relief, must be given a fair opportunity to establish their case.

The Trial Court, being a fact-finding authority, ought to provide sufficient opportunity to the parties. Though the suit is pending from the year 2008 and P.W.1 has already been cross-examined, the ends of justice require that one more opportunity be granted.

Accordingly, the impugned orders in IA No.31 & 29 of 2026 in OS No.22 of 2008 on the file of the District Munsif, Perundurai, are set aside, the interlocutory applications are allowed. Suit is to be disposed within 4 months.

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

CRP No. 1668 of 2026

Accordingly, the Civil Revision Petitions are allowed. Consequently,

the connected miscellaneous petition is closed. No costs.

24-03-2026

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri

To

1.The District Munsif, Perundurai.

2.The Section Officer, VR section, High Court of Madras.

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

CRP No. 1668 of 2026

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

CRP No. 1668 of 2026

T.V.THAMILSELVI J. rri

CRP No. 1668 of 2026 AND CMP NO. 7754 OF 2026,CRP NO. 1674 OF 2026

24-03-2026

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