CRP(MD)Nos.331 to 333 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CRP(MD)Nos.331 to 333 of 2025 and CMP(MD)No.1882 of 2025 Parimaladevi : Petitioner in all petitions Vs. Thilagavathy : Respondent in all petitions Common Prayer : Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 01.07.2024 in I.A.Nos.4, 5 and 6 of 2023 in O.S.No.239 of 2018 on the file of II Additional District Court, Trichirappalli. In all petitions; For Petitioner : Mr.V.R.Shanmuganathan For Respondent : Mr.A.Zubaitha Banu 1/6 https://www.mhc.tn.gov.in/judis CRP(MD)Nos.331 to 333 of 2025 COMMON ORDER The plaintiff in O.S.No.239 of 2018 on the file of the II Additional District Judge, Tiruchirappalli, has filed the present revision petitions challenging the allowing of applications filed by the defendant to reopen and recall D.W.1 for reception of additional documents. 2. The revision petitioner herein, as the plaintiff, has filed the above suit for the relief of refund of the advance amount paid towards sale consideration pursuant to the sale agreement dated 23.12.2013. 3. The plaintiff's side evidence was closed on 08.03.2023, and it was posted for the defendant's side evidence on 15.03.2023. Since the defendant has not come forward to let in evidence, the defendant's side was closed on the same day. It was posted for the argument of the plaintiff's side on 28.03.2023, and they completed their submission on the said date. It was adjourned to 10.04.2023, 11.04.2023, and 12.04.2023 for the defendant's arguments. On 12.04.2023, the defendant has filed I.A.Nos. 4, 5, and 6 of 2/6 https://www.mhc.tn.gov.in/judis CRP(MD)Nos.331 to 333 of 2025 2023 seeking to reopen, recall and for reception of the documents. These three applications came to be allowed by the trial Court on 01.07.2024. Challenging the said order, the present revision petitions have been filed by the plaintiff. 4. According to the learned counsel for the revision petitioner/plaintiff, the defendant has given some reason for his non- appearance on 15.03.2023, but no reasons have been assigned for the non- filing of the application till 12.04.2023, even though the suit was adjourned for nearly four hearings. He further contended that the documents which are sought to be marked are not related to the suit. 5. Per contra, the learned counsel for the respondent/defendant contended that only one chance was granted to the defendant to let in evidence on 15.03.2023, and it was closed on the same day. The documents which are already referred to in the written statement alone are sought to be marked. In fact, as far as Serial No.1 is concerned, there is an admission in the plaint. She further pointed out that they would examine only the 3/6 https://www.mhc.tn.gov.in/judis CRP(MD)Nos.331 to 333 of 2025 defendant on their behalf as D.W.1, and they will complete their evidence within a short time. 6. Heard both sides and perused the records. 7. Considering the fact that the defendant was given only one opportunity, namely, 15.03.2023, to let in evidence, this Court is of the considered opinion that one more opportunity could be granted to the defendant. The defendant sought permission for the reception of six documents. These documents could be received by the court subject to relevancy and admissibility. As and when these documents are sought to be marked, it is open to the plaintiff to raise his objection, if any, with regard to the relevancy and admissibility of those documents. 8. Considering the above said fact, the order impugned in these civil revision petitions is sustained, and the trial Court is directed to dispose of the suit in O.S.No.239 of 2018 on or before 30.06.2025. 4/6 https://www.mhc.tn.gov.in/judis CRP(MD)Nos.331 to 333 of 2025 9. This civil revision petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.04.2025 Index : Yes/No Internet : Yes skn To The II Additional District Judge, Trichirappalli. 5/6 https://www.mhc.tn.gov.in/judis CRP(MD)Nos.331 to 333 of 2025 R.VIJAYAKUMAR, J. skn CRP(MD)Nos.331 to 333 of 2025 and CMP(MD)No.1882 of 2025 07.04.2025 6/6 https://www.mhc.tn.gov.in/judis