Courts must grant opportunity for cross-examination despite one party's delays to ensure procedural fairness.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 9471 OF 2025 S.Manikandan ..Petitioner(s)

Vs K.Ranganayaki ..Respondent(s)

PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Alandur to reopen the case in HMOP No. 893 of 2021, to enable respondent to cross-examine the PW1/Petitioner, and by allowing IA.No. 04 of 2024 and also pass a suitable order in nature and circumstance of the case by allowing this CRP.

For Petitioner(s): Mr.J.Karthik Eswaran For Respondent(s): Mr.T.Saikrishnan

ORDER

This Civil Revision Petition is filed by the revision petitioner / husband to direct the Subordinate Court, Alandur to reopen the case in HMOP No. 893 of 2021, to enable respondent / wife to cross-examine the PW1/Petitioner, and by allowing IA.No. 04 of 2024.

2. The respondent / husband filed an application before the trial court to reopen the case. The Court below having noticed that the petitioner/husband was very casual in conducting the proceedings and the parties could not be permitted to reset the stage as per their whims and fancies and accordingly, dismissed the application.

3. It is seen from PW1 was examined in chief on 24.08.2023 and the case was posted for PW1 cross on various dates at the request of the petitioner / husband and was closed on 14.12.2023. Then the case was posted for respondent side evidence on 11.01.2024 and on that date, she was called absent and set exparte. Therefore, in order to give one more opportunity to the parties, the findings of the trial court is set aside. I.A.No.4 of 2024 is allowed. The revision petitioner is directed to cooperate with the trial proceedings and also trial court is directed to try both the applications.

4. With the above observation, this Civil Revision Petition is allowed.

The trial judge is directed to dispose of the applications within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed.