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2026 Supreme(Online)(Mad) 49579

IN THE HIGH COURT OF JUDICATURE AT MADRAS


DATED: 09.06.2026


CORAM: THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE


C.R.P.No.3134 of 2026

and

C.M.P.No.13652 of 2026


B.Ravi ... Petitioner

Vs.

1.Mohammed Hasan Khan.N

2.Rajasekar ... Respondents


For Petitioner : Mr.A.Palaniappan

For Respondents : Mr.M.Packiaselvan [R1]

Notice dispensed with [R2]

Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to allow the Civil Revision Petition as against the Judgment and Decree dated 08.04.2026 passed in M.P.No.6 of 2026 in RLTOP No.367 of 2024 on the file of XIII Court of Small Causes, Chennai.

*****

ORDER

1. This Civil Revision Petition has been filed challenging the impugned order, dated 08.04.2026 passed by the XIII Court of Small Causes, Chennai in M.P.No.6 of 2026 in RLTOP No.367 of 2024.

2. Mr.M.Packiaselvan, learned counsel, accepts notice on behalf of the 1st respondent. Since no adverse order is passed against the 2nd respondent in this civil revision petition, notice to the 2nd respondent is dispensed with by this Court.

3. The aforesaid order was passed by the court below, dismissing the petitioner’s application seeking to cross-examine the 1st respondent/landlord’s witness. The court below has dismissed the application filed by the petitioner on the ground that jural relationship of landlord and tenant has been proved by the 1st respondent/landlord and therefore, there is no necessity for the petitioner to cross-examine the 1st respondent/landlord’s witness.

4. The petitioner has raised several grounds before this Court through this revision for challenging the impugned order. The discretion to permit cross-examination is exclusively vested with the court below depending upon the facts and circumstances of each case. The court below has exercised its discretion by not entertaining the application filed by the petitioner seeking to cross-examine the 1st respondent/landlord’s witness. The impugned order is also a speaking order for refusing to entertain the petitioner’s application. Being a speaking order and an order passed by the court below exercising its discretion, this Court in a civil revision petiton cannot interfere with the impugned order. Civil Revision Petitions are entertained only under extraordinary circumstances. The grounds raised by the petitioner does not deserve entertaining this Civil Revision Petition.

5. Admittedly, the petitioner is the tenant though he may claim that he is not a tenant under the 1st respondent, who had filed RLTOP No.367 of 2024 on the file of XIII Court of Small Causes, Chennai. Admittedly, RLTOP No.367 of 2024 has not been disposed of by the court below. The very same defences that have been raised by the petitioner through this revision can very well be raised by the petitioner when the main case, viz., RLTOP is taken up for consideration by the court below.

6. For the foregoing reasons, this Court is not inclined to interfere with the impugned order, however, liberty is granted to the petitioner to raise all the grounds that have been raised in this revision as well as in the affidavit filed in support of M.P.No.6 of 2026 in RLTOP No.367 of 2024, when the main case in RLTOP No.367 of 2024 is taken up for consideration by the XIII Court of Small Causes, Chennai.

7. In the above terms, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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