In a civil case, courts may allow parties to address inappropriate cross-examinations through appropriate applications while upholding the dignity of witnesses.

Civil Revision Petition filed under Article 227 of the Constitution of India, to eschew the offending portion of the cross-examination of PW2 done by the learned counsel for the D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of

2023 dated 12.08.2025, which is pending before the XIX Assistant City Civil Court, Allikulam, Chennai.

For Petitioner(s) : Mr.P.Vijendran For RR1 & 2 : Mr.J.Shanmuga Sundaram Babu For R7 : Mr.K.M.C.Arunmokan For R8 : Mr.S.Ambigapathy

ORDER

This petition has been filed to eschew the offending portion of the cross-examination of PW2 done by the learned counsel for the D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025, which is pending before the XIX Assistant City Civil Court, Allikulam, Chennai.

2. One Prasad represented by his power agent Jayashree has filed a suit against Amudha/D1, Kumar/D2, Vadhani/D3 and Sub Registar, Royapuram/D4, in O.S.No.3626 of 2023 on the file of the XIX Additional City Civil Court, Chennai, seeking the relief of declaration and partition. Written statement was filed by the respondents/defendants and necessary issues were framed. On the side of the revision petitioner/plaintiff, the power agent Jayashree was examined as PW1 and was also cross-examined by the respondents/defendants. Thereafter, the mother of PW1 one Lakshmi was examined as PW2 on 12.08.2025 and was cross-examined by the respondents/defendants 1, 2, 4, 5, 6 and 8 and 7 and thereafter, the revision petitioner's/plaintiff's side evidence was closed. On the side of the respondents/defendants, DWs.1 to 3 were examined-in-chief and cross- examined and the case was posted for arguments. At this stage, the revision petitioner/plaintiff has preferred the present civil revision petition to eschew the offending portion of the cross-examination of PW2 done by D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025.

3. The learned counsel appearing for the revision petitioner/plaintiff would submit that the subject matter of the suit is pertaining to the dispute between the parties as to whether there is a joint family property exists or not. During the cross-examination PW2, the learned counsel appearing for the defendants viz. D1, D2, D4, D5, D6 and D8 has put forth certain questions, which is irrelevant, indecent and scandalous as contemplated under Section 151 of the Indian Evidence Act, 1872 / Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 and therefore, the revision petitioner/plaintiff has been preferred the present petition to eschew the offending portion of cross-examination of PW2.

4. Though in the revision petition there is no mention about the specific portion of the offending and irrelevant portion in the cross- examination of PW2, during arguments, the learned counsel appearing for the revision petitioner/plaintiff pointed out the cross-examination made by D1, D2, D4, D5, D6 and D8 on 12.08.2025, particularly last three lines in paragraph no.6 and first three lines in paragraph no.7 in the cross-

examination of PW2.

5. Per contra, the learned counsel appearing for the respondents would submit that during the cross-examination of PW2, neither PW2 nor her counsel has made any objection and the suit is reserved for judgment. Therefore, there is no reason that warrants interference of this Court to eschew the offending portion of the cross-examination of PW2 done on

12.08.2025.

6. Considering the arguments advanced on either side and also considering the nature of the suit pending between the parties, in order to protect the modesty of a woman in a civil case of declaration of title and partition, this Court is inclined to give liberty to the revision petitioner/plaintiff to file an appropriate application before the Court below. On such appl