Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 31138

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Mohammed Meeran – Appellant
Versus
Krishna Kumar – Respondent
CMP NO. 8018 OF 2026|CRP NO. 1760 OF 2026|CMP NO. 8007 OF 2026

Advocates:
For Petitioner(s)/Appellant(s): MR.ESWAR FOR M/S.Eswar, Kumar and Rao
For Respondent(s):

Defendant entitled to recall witness immediately after evidence closure to pose crucial questions, ensuring effective defense.

Headnote:The trial court dismissed applications under interlocutory proceedings in a civil suit to recall a defense witness after closure of evidence. The High Court found that denying recall immediately post-closure, with arguments pending, defeats the defendant's right to effective defense. Relevant provisions include procedural rules on witness recall in civil suits (Order XVIII CPC implied). Facts involve suit OS No. 317 of 2018 where defendant sought to pose additional questions to D.W.1. Court determined opportunity must be granted to ensure fair trial. Issues framed as whether trial court erred in refusing recall post-evidence closure. Ratio decidendi: Applications filed immediately after closure warrant opportunity, especially pre-arguments, to uphold defense rights; denial prejudices fair adjudication (para 3). Civil Revision Petitions allowed; trial court orders in I.A. Nos. 321 & 322 of 2025 set aside; suit to be disposed expeditiously.

Table of Content
1. trial court rejected recall post-evidence closure. (Para 1 , 2)
2. denial defeats defendant's defense rights. (Para 3)
3. revisions allowed; applications permitted. (Para 4 , 5)

ORDER

Aggrieved by the order passed by the Trial Judge in I.A. Nos. 321 & 322 of 2025 in OS No. 317 of 2018, on the file of Principal District Munsif Tindivanam, applications to reopen and recall, the defendant has preferred these revisions.

2. Before the Trial Court, immediately after the closure of the defendant’s evidence, the petitioner filed an application to recall D.W.1 on the same day, in order to put forth certain important questions that arose after completion of the cross-examination. However, the Trial Court failed to grant such an opportunity.

3. Considering the fact that the suit is now posted for arguments and that the applications were filed immediately after closure of the defendant’s evidence, this Court is of the view that the petitioner must be given an opportunity. If such opportunity is denied, the valuable right of the defendant to effectively defend the case would be defeated.

4. Accordingly, I.A. Nos. 321 & 322 of 2025 in OS No. 317 of 2018, on the file of Principal District Munsif Tindivanam, are set aside, and the said interlocutory applications are allowed. The learned Trial Judge is directed to dispose of the suit as expeditiously as possible.

5. Thus, the Civil Revision Petitions are allowed. Consequently, the connected miscellaneous petitions are closed. No costs.

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2026 Supreme(Online)(Mad) 31138

IN THE HIGH COURT OF JUDICATURE AT MADRAST.V.THAMILSELVI, JMohammed Meeran – AppellantVersusKrishna Kumar – RespondentCMP NO. 8018 OF 2026|CRP NO. 1760 OF 2026|CMP NO. 8007 OF 2026

Defendant entitled to recall witness immediately after evidence closure to pose crucial questions, ensuring effective defense.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Mohammed Meeran – Appellant
Versus
Krishna Kumar – Respondent
CMP NO. 8018 OF 2026|CRP NO. 1760 OF 2026|CMP NO. 8007 OF 2026