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2026 Supreme(Online)(Mad) 8302
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Raghu Ganapathy – Appellant
Versus
Thara Rajendran and another – Respondent
A No. 528 of 2026 | C.S.No.219 of 2022
For the Appellants/Petitioners: S. Thanka Sivan
For the Respondents: Pranav, Rahul Balaji, S. Kausik
The court may permit a witness to complete cross-examination via video conferencing if the witness is residing abroad and the opposing parties do not object, in order to ensure a fair trial.
Headnote:The application was filed under Order XIV Rule 8 of O.S. Rules read with Section 151 of the Code of Civil Procedure to permit the applicant/plaintiff to complete his cross-examination via video conferencing. The applicant had been examined as P.W.1 and marked Exhibits Ex.P.1 to P.18, but the cross-examination was only partially completed. As the applicant is currently residing in the USA, he is unable to appear in person. The court considered whether the applicant should be permitted to testify via video conferencing. The court observed that the respondents had no serious objection to the request and reasoned that permitting the application would provide a fair chance to the applicant to complete his testimony given his current location in the USA. Accordingly, the application is allowed.
Prayer:
Application filed under Order XIV Rule 8 of O.S. Rules r/w Section 151 CPC to permit the Applicant/Plaintiff to complete his cross examination through video conferencing.
ORDER
This application has been filed by the applicant to permit the applicant to complete his cross examination through video conference.
According to the applicant, he is the plaintiff in the main suit and he was examined as P.W.1 and marked Exhibits, Ex.P.1 to P.18. Thereafter, the case was adjourned for cross examination and the cross examination was completed in-part, subsequently, the case was adjourned at request of the learned counsel for the respondents / defendants. Now, the applicant is in USA, therefore, unable to appear in-person for cross examination, hence this application.
The learned counsels appearing for the respondents 1 and 2 have no serious objection to allow the present application.
Considering the above said reasons and the reasons stated in the affidavit filed in support of the petition and in order to give a fair chance to the applicant to complete his cross examination and now, the applicant is in USA, it is appropriate to allow the application and the applicant is permitted to appear through video conference subject to the existing Rules.
Accordingly, the application is allowed.
05-02-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssd
