IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
K.SIVAKUMAR – Appellant
Versus
A.Balakrishnan – Respondent
2026:MHC:807 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 658 of 2026 and CMP.No.1841 of 2026 K.Sivakumar ..Petitioner(s)
Vs A.Balakrishnan ..Respondent(s)
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Fair order and Decreetal order dated 22.8.2025 made in IA.No.4/2025 in OS.No. 4608/2023 on the file of the Honble XXII Additional City Civil Court, Chennai.
For Petitioner(s): M/s.T. Sathiyamoorthy
ORDER
The civil revision petition is filed challenging the order passed by the trial court allowing the application filed by the respondent/plaintiff seeking to receive the original documents described in the list annexed to the petition. 2. The respondent herein filed a suit for recovery of money. Along with a plaint, he filed 22 documents. Out of 22 documents, he filed 7 documents as photocopies at the time of presentation of the plaint. Now, the instant application has been filed seeking to produce the originals. The said application was allowed by the trial court. Aggrieved by the same, the petitioner/defendant has come before this Court.
3. The learned counsel for the petitioner/defendant submitted that the petition seeking leave to defend the application is pending. At this juncture, the respondent/plaintiff is not entitled to file application seeking to receive original documents. It is further submitted that as per Order XXXVII of CPC, there is no specific provision to enable the parties to file additional documents.
4.The documents sought to be produced are not new documents. The photocopies of the said documents had already been filed along with the plaint. Now, the respondent wants to file the originals of the photocopies already filed. The trial court, rightly relying on Order XXXVII Rule 7 of CPC, observed that in case no specific provision is made under Order XXXVII, the general CPC is applicable and allowed the application. I do not find any error in the impugned order passed by the trial court. Accordingly, the civil revision petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs.
20-02-2026 Index: Yes Speaking order Neutral Citation: Yes nr To The XXII Additional City Civil Court, Chennai.
S.SOUNTHAR, J.
nr
20-02-2026
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