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2026 Supreme(Online)(Mad) 48791

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
J.S.Rajasekaran Davamani – Appellant
Versus
Samuel M J – Respondent
C.R.P.No.2436 of 2026|C.M.P.No.10364 of 2026



Advocates:
For the Appellants/Petitioners: K.Gajendiran
For the Respondents: Ralph V.Manohar

A court may exercise its supervisory jurisdiction under Article 227 to permit the recall of a witness for cross-examination, balancing the right to a fair trial with the necessity of timely judicial proceedings, particularly when evidence was previously inaccessible to the cross-examining party.

Headnote:The case involves a challenge under Article 227 of the Constitution of India regarding the rejection of an application to recall a witness for cross-examination by the trial court. The party argued that the inability to access evidence (a pendrive) marked as an exhibit prevented the completion of cross-examination. The court found that in the interest of justice and to ensure a fair trial, the opportunity to cross-examine should be granted subject to strict time conditions. The core issue is whether a trial court should exercise discretion to recall a witness for cross-examination when the party failed to complete it due to non-availability of evidence documentation. The court reasoned that procedural technicalities should not hinder the truth-seeking process, provided the disposal of the suit is not unduly delayed and costs are addressed. The court allowed the revision petition, directing the presence of the witness for cross-examination on a fixed date and setting a timeline for the final disposal of the suit.

Table of Content
1. failure to complete cross-examination due to unavailable evidence warrants reconsideration. (Para 1 , 2)
2. court oversight to facilitate fair trial completion within defined timelines. (Para 3 , 4)

ORDER

This Civil Revision Petition has been filed challenging the impugned order, dated 23.02.2026 passed in I.A.No.11 of 2026 in O.S.No.1710 of 2023 on the file of IV Assistant City Civil Court, Chennai.

2. Under the aforesaid order, the trial court has rejected the petitioner’s application seeking to recall the plaintiffs’ witness. Earlier, the evidence of the plaintiffs was closed, since the petitioner, who is the 1st defendant in the suit, failed to complete the cross-examination of the plaintiffs’ witness. The petitioner contends that since he was not having the copy of the pendrive, which was marked as an exhibit on the side of the plaintiffs, he was not able to complete the cross-examination of the plaintiffs’ witness.

3. After hearing the arguments of both the learned counsel appearing for the petitioner and the respondents/caveators, this Court suggested that the petitioner may be permitted to cross-examine the plaintiffs’ witness and a direction can be issued by this Court to the trial court to dispose of the suit, within a time frame to be fixed by this Court. Both the counsels have agreed for the said suggestion made by this Court.

4. Accordingly, this Civil Revision Petition is disposed of by directing the plaintiffs’ witness (respondents) to be present before the trial court, namely the IV Assistant City Civil Court, Chennai on 22.06.2026 to enable the petitioner’s counsel to cross-examine them and complete the cross-examination of the plaintiffs’ witness on the same day. The respondents are directed to furnish a copy of the “pendrive”, which is marked as an exbihit on the side of the plaintiffs to the learned counsel appearing for the petitioner on or before 20.06.2026. It is made clear that both the parties shall not take any adjourment before the trial court on 22.06.2026 and without fail, the petitioner’s counsel shall complete the cross-examination of the plaintiffs’ witness (respondents) on the very same day. The trial court is directed to accommodate both the parties on 22.06.2026 for the purpose of completing the cross-examination of the plaintiffs’ witness (respondents) by the defendant’s counsel on that date. If any adjournment is sought by any of the counsels on 22.06.2026, the trial court is directed to impose cost on the party, who is seeking an adjournment. The trial court is also directed to dispose of the main suit, within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

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