Authority: Madras High Court

Order Date: 31 July 2026

Case Overview

  • Applicant: Samsen Papli, S/o Ramalinga Chetty, residing at No.10, Second Main Road, Raja Annamalaipuram, Chennai 600 028.
  • Respondents:

1. P.K. Duraisamy, S/o Velappa Gounder, Chairman and Managing Director, Perennial Health Care India Pvt. Ltd., Anna Nagar East, Chennai.

2. S. Ashok Kumar, S/o C.G. Subramaniam, Executive Director, Perennial Health Care India Pvt. Ltd.

3. Perennial Health Care India Pvt. Ltd., represented by its Chairman and MD, P.K. Duraisamy.

4. Green Hill Remedies, a partnership firm, represented by its Partner P.K. Duraisamy.

  • Counsel for applicant: M/s. P. Elango.
  • Counsel for respondents: Mr. T. Deeraj for M/s. PV Law Associates.
  • The application (A No. 3258 of 2026 in C.S. No. 15 of 2012) sought the court’s direction to receive additional documents numbered 1 to 10, as listed in the affidavit filed in the original civil suit (C.S. No. 15 of 2012).
  • Applicant argued the documents are necessary and the delay in producing them is neither wilful nor wanton. Respondents contended the documents are irrelevant, the application is filed belatedly to cause delay, and therefore should be dismissed.

Court Reasoning

  • The court examined whether belatedly filed documents may be produced. It held that parties may be allowed to produce all available evidence, provided the documents are relevant, admissible, and properly marked.
  • Documents numbered 4 and 5 were identified as photocopies; consequently, they could not be marked as primary evidence.
  • The court emphasized that secondary evidence is permissible under law and directed the parties to file such evidence in accordance with procedural rules.

Final Outcome

  • The court ordered that documents 1 to 3 and 6 to 10 be received and marked, subject to proof of relevance and admissibility.
  • Documents 4 and 5, being photocopies, are excluded from marking.
  • The parties may submit secondary evidence where appropriate.
  • No costs are awarded to either side.

Topics: Procedural Order, Document Production