Application No.3884 of 2021

in

C.S.No.866 of 2018

(Commercial Division)

N. ANAND VENKATESH, J.

This application has been filed to substitute the witness PW-1 and for

eschewing the evidence given by one Mr.P.Kumar as PW-1 and to permit the applicant to

mark the documents afresh.

2.It was brought to the notice of this Court that there are several suits pending

between the same parties. In some of the suits similar application was filed. This Court on

considering the grievance expressed by the applicant/plaintiff, allowed the application by

providing sufficient safeguards. Useful reference can be made to the order passed in one

such application in A.No.3813 of 2021 in C.S.(Comm.Div) No.200 of 2019, dated 26.10.2021.

3.In view of the above, this application stands allowed. Accordingly, the

evidence of Mr.P.Kumar examined as PW-1 is eschewed. The Proprietrix is permitted to be

examined as PW-1 afresh. Insofar as the documents are concerned, the learned Additional

Master while recording the evidence will ensure that original documents are marked and it will

be subject to relevancy, admissibility and proof. It shall also be ensured that the documents

that are marked is spoken to by the competent witness.

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N. ANAND VENKATESH, J.

KP

4.Post the matter before the learned Additional Master I on 30.11.2021 for

continuation of examining the witness. On completion of examining the witness on both

sides, the matter shall be sent back to this Court for further proceedings.

15.11.2021

KP

Application No.3884 of 2021

in C.S.No.866 of 2018

(Commercial Division)

Page 2 of 2

https://www.mhc.tn.gov.in/judis