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2025 DAILYLAW 3451 (MAD)

ASHISH GUPTA v. HARISH GUPTA

CRP/3603/2025 · 2026-04-10

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP.No.3603 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.04.2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRP.No.3603 of 2025 and CMP.No.19415 of 2025 Ashish Gupta ... Petitioner Vs. 1.Harish Gupta 2.The Venkatapuram Cultural Association (reg.20/1939-40) Rep. By its President, Mrs.Meenakshi Gupta, Having registered office at No.51/193, M.T.H. Road, Ambattur, Chennai – 600 053. 3.Meenakshi Gupta ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the docket order dated 24.07.2025 passed by the learned District Munsif Court, Ambattur, in I.A.No.3 of 2025 in O.S.No.255 of 2013. For Petitioner : Mr.S.S.Arjun For R1 : Mrs.A.L.Gandhimathi, Senior Counsel for Mr.L.Palanimuthu 1/6 https://www.mhc.tn.gov.in/judis CRP.No.3603 of 2025 For R2 & R3 : No appearance O R D E R This Civil Revision Petition has been filed challenging the docket order dated 24.07.2025 passed in I.A. No. 3 of 2025 in O.S. No. 255 of 2013 on the file of the District Munsif Court, Ambattur. 2. The said application was filed under Order VII Rule 14(3) of CPC seeking leave to receive additional documents. 3. The learned counsel for the revision petitioner/2nd defendant submitted that the Trial Court has erroneously allowed the application without assigning proper reasons. According to him, the suit is of the year 2013 and after a lapse of nearly 12 years, the 1st respondent/plaintiff has come forward with additional documents without satisfactory explanation for the delay. It is further submitted that ample opportunity had already been granted to the plaintiff to produce documents and therefore, the impugned order is liable to be set aside. 4. Per contra, the learned counsel for the 1st respondent/plaintiff submitted that the documents are vital for adjudication of the dispute and that 2/6 https://www.mhc.tn.gov.in/judis CRP.No.3603 of 2025 they were not available at the time of filing of the suit, as they were misplaced during shifting of residence and subsequently traced. It is further submitted that the Trial Court, considering the principles of natural justice, has rightly granted an opportunity to produce the documents, subject to proof and relevancy. 5. This Court has considered the submissions made on either side and perused the materials available on record. 6. A perusal of the impugned order would show that the Trial Court has taken note of the reasons assigned by the plaintiff for the belated production of documents and, placing reliance on the principles of natural justice, has permitted the documents to be received, subject to proof and relevancy. The Trial Court has also observed that the admissibility and genuineness of the documents can be decided only at the time of trial. 7. It is well settled that while exercising jurisdiction under Article 227 of the Constitution of India, this Court would not interfere with discretionary orders of the Trial Court unless the same are shown to be perverse or suffer from patent illegality. In the present case, this Court does not find any such 3/6 https://www.mhc.tn.gov.in/judis CRP.No.3603 of 2025 infirmity in the order passed by the Trial Court warranting interference. 8. However, considering the grievance of the revision petitioner/2nd defendant, it is made clear that the receipt of additional documents shall not prejudice his rights and he is at liberty to raise all objections with regard to admissibility, genuineness and relevancy of the documents at the time of trial. 9. The 1st respondent/plaintiff is directed to furnish copies of the additional documents to the revision petitioner/2nd defendant, if not already furnished. 10. The Trial Court is directed to proceed with the trial and dispose of the suit as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. 11. With the above observations, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.04.2026 cda 4/6 https://www.mhc.tn.gov.in/judis CRP.No.3603 of 2025 To The Munsif Court, Ambattur. 5/6 https://www.mhc.tn.gov.in/judis CRP.No.3603 of 2025 T.V.THAMILSELVI, J. cda CRP.No.3603 of 2025 and CMP.No.19415 of 2025 10.04.2026 6/6 https://www.mhc.tn.gov.in/judis