High Court · 2025

CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.08.2025CORAM :THE HONOURABLE MR. JUSTICE R.SAKTHIVELCMP NO.13152 OF 2025INAPPEAL SUIT NO.292 OF 2017Muniammal (Died)1.Madhammal D/o.Andi Gounder 2.Sivan ... Petitioners / Appellants / S/o.Andi Gounder Plaintiffs Vs.1.Thiruppathiammal W/o.Shanmugam 2.Perumal S/o.Shanmugam3.Thangavel S/o.Shanmugam4.Appadurai S/o.Shanmugam5.Murugammal D/o.Shanmugam6.Deivanai D/o.Shanmugam...Respondents / Respondents / Defendants PRAYER: Civil Miscellaneous Petition filed under Order XLI Rule 27 Page No.1 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017read with Section 151 of the Code of Civil Procedure, 1908 praying to receive the documents detailed hereunder as additional evidence on the side of the petitioners.List of Documents:1) Certified copy of Sale Deed dated May 26, 1975 executed by Govindan in favour of Umaiyan @ Andi.2) Certified copy of Sale Deed dated September 6, 1977 executed by Kannan in favour of Umaiyan @ Andi.3) Copy of A Register before UDR issued by District Collector on May 30, 20174) Copy of UDR A RegisterFor Petitioners :Mr.J.Titus Enockfor M/s.I.C.Vasudevan For Respondents :Mr.C.Munusamy ORDERMr.J.Titus Enock, learned Counsel on record for the petitioners / appellants / plaintiffs appears before this Court physically. Page No.2 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 20172. Mr.C.Munusamy, learned Counsel on record for the respondents / respondents / defendants appears before this Court through Video Conferencing Mode. 3. The petitioners herein are the appellants in A.S.No.292 of 2017.The petitioners filed a Suit for partition seeking division of the Suit Properties into two equal shares and allotment of one such share to the petitioners. The Suit Properties consists of fourteen items totally. 4. The case of the petitioners / plaintiffs is that some of the Suit Properties are ancestral and joint family properties and the rest are purchased in and out of joint exertions and joint family income. 5. After full-fledged trial, the Trial Court decreed the Suit qua Suit Item Nos.1 and 2 by holding that they are agricultural lands belonging to Mottaiyan, who is the father of the first plaintiff and first defendant and upon his demise, the first plaintiff and first defendant would be entitled to equal share in them as per Section 8 of the Hindu Succession Act, 1956. Qua Suit Item No.3, the Trial Court held that it is the third plaintiffs’ property purchased in the name of third plaintiff. Qua Suit Item No.4 to 14, the Trial Court held that these properties are separate properties of first Page No.3 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017defendant’s husband. Accordingly, the Trial Court dismissed the Suit qua Suit Item Nos.3, 4 to 14.6. Feeling aggrieved, the petitioners / plaintiffs have preferred the main Appeal Suit. During the pendency of the main Appeal Suit, the petitioners / plaintiffs filed the present petition under Order XLI Rule 27 of the Code of Civil Procedure, 1908 ['CPC' for short] praying to receive additional documents.7. This Court has heard out the main Appeal Suit along with this petition under Order XLI Rule 27 of CPC. Both sides arguments heard extensively. Perused the entire evidence available on record.8. The defendants marked Ex-B.1 to Ex-B.19 documents, among which Exs-B.1 to B.5 are Sale Deeds, and Exs-B.6 to B.19 are predominantly revenue records but contains some other documents as well. Ex-B.1 – Sale Deed relates to Suit Item Nos.4 and 5 and stands in the name of first defendant’s husband. 9. Ex-B.2 – Sale Deed stands in the name of first defendant’s husband in respect of half share in Suit Item Nos.10 to 12. Ex-B.3 – Sale Page No.4 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017Deed stands in the name of first defendant’s husband in respect of Suit Item No.14. Ex-B.4 and Ex-B.5 – Sale Deeds relate to Survey No.172/4 and 172/9 and whether it relates to any of the Suit Properties or not, is a question to be decided in the main appeal. 10. This Court has perused the affidavit filed in support of the present petition, wherein it is stated that the documents sought to be received were handed over to the Trial Court advocate who due to inadvertence omitted to file the same into the Court. The petitioners are not literates and had no knowledge of whether the documents were filed into the Trial Court or not. Some of the Suit Properties stand in the name of first petitioner / first plaintiff’s husband and hence, the documents sought to be received are vital to the plaintiffs’ case.11. This Court has perused the list of documents sought to be marked. The Document Nos.1 and 2 are certified copies of the Sale Deeds dated May 26, 1975 and September 6, 1977 respectively, standing in the name of Oomaiyan alias Aandi who is said to be first plaintiff’s husband. Document Nos.3 and 4 are revenue records obtained by the third plaintiff from Public Information Officer under the Right to Information Act, 2005.Page No.5 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 201712. Document No.1 was obtained on June 5, 2014 i.e., during of the pendency of the Original Suit, before the Judgment. The Trial Court pronounced Judgment on February 24, 2017. Document No. 2 was obtained on July 19, 2019. Document Nos.3 and 4 (revenue records) were obtained on May 30, 2017. Thus, it is clear that except Document No.1, the other three documents were obtained after the Judgment.13. Document No.1 relates to Survey Nos. 144/3 (Suit Item No.2) and 144/4. Document No.2 relates to Suit Item No.13. Document Nos.3 and 4 relate to various items of the Suit Properties.14. Document Nos.1 and 2 are Sale Deeds registered before the Suit, that is to say, they are pre-Suit documents, and Document Nos.3 and 4 are public documents. Hence, this Court is of the view that the aforesaid documents sought to be received as additional evidence under Order XLI Rule 27 of CPC are necessary to decide the dispute between the parties effectively. Hence, this Court is inclined to allow this petition. Accordingly, this Civil Miscellaneous Petition is allowed.Page No.6 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 201715. This Court directs the Trial Court to take additional evidence as per Order XLI Rule 28 of CPC. Both parties are directed to appear before the Trial Court on August 12, 2025. The Trial Court shall recall P.W.1 without insisting any formal petition from the petitioners, take additional evidence and mark the petition mentioned documents as additional evidence. Needless to mention that the defendants are entitled to cross-examine P.W.1 on the same day or any other day appointed by the Trial Court without fail. 16. Further, the defendants filed Ex-B.2 which relates to half share in Suit Item Nos.10 to 12. There is no document except revenue records adduced by either side in respect of the remaining half share therein. In the interest of justice, to avoid multiplicity of proceedings and to ensure speedy disposal, this Court grants liberty to both parties to adduce any pre-Suit registered document(s) / Deed(s) as additional evidence in respect of any of the Suit Properties by recalling the witnesses. 17. This entire exercise shall be concluded by the Trial Court before August 20, 2025. The additional evidence (depositions) so recorded shall be sent along with the marked documents to this Court Page No.7 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017as early as possible, not later than August 25, 2025. Both parties are directed to co-operate with the Trial Court for recording the additional evidence expeditiously. 18. Registry shall despatch C.M.P. No.13152 of 2025 in A.S.No.292 of 2017 along with the petition mentioned documents to the Trial Court on or before August 3, 2025 so as to enable the Trial Court to take additional evidence as per this Order.19. List the matter before this Court on August 26, 2025.01.08.2025Index : Yes / No Speaking Order : Yes / NoNeutral Citation : Yes / No Note: Issue Order copy by today (01.08.2025)TKPage No.8 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017To1.The Principal District Court Dharmapuri.2.The Principal District and Sessions Judge Dharmapuri. (for recording additional evidence as per this Order) 3.The Sub Assistant Registrar / Correspondence Seat Judicial Section Madras High Court Madras. Page No.9 of 10 https://www.mhc.tn.gov.in/judis CMP NO.13152 OF 2025 IN A.S.NO.292 OF 2017R. SAKTHIVEL, J. TKCMP NO.13152 OF 2025INAPPEAL SUIT NO.292 OF 201701.08.2025Page No.10 of 10