Madras High Court

Madras HC: Defendants Fined for Delayed Witness Questioning in Civil Dispute

Updated
Jan 24, 2026 2:57 PM
madras-hc-defendants-fined-for-delayed-witness-questioning-in-civil-dispute

Summary: In a case that’s been dragging on in Chennai, the court finally decided to allow a delayed questioning of a witness, but not without a cost. The defendants have to pay up for their lateness.

Background of the Case

This case involves Sureshkumar Jain and three others against Uttamchand Jain and six others. The main issue is about the questioning of a witness, referred to as P.W.1, in a civil case (CS No. 467 of 2015). The case is being heard in the Madras High Court.

Court Order on January 23, 2026

The court, under the honorable Dr. Justice R.N. Manjula, made an important decision on January 23, 2026. Uttamchand Jain and the other defendants wanted to reopen and recall the evidence of P.W.1 for more questioning. The court noted that the defendants had already been given many chances to finish this process.

"The matter has been listed at least for more than 100 hearings," noted the court.

Delays and Frustrations

The court records showed that P.W.1 was present on several occasions, but Uttamchand Jain and his co-defendants did not take the chance to question. On October 24, 2025, the court had ordered the questioning to continue on November 3, 2025, but the defendants missed this chance too.

Balancing Fairness and Hardship

Justice Manjula recognized the delay tactics by the defendants but decided to allow the applications to make sure the case proceeds fairly. However, the court imposed a condition:

"These applications are allowed on payment of a sum of Rs.15,000/- as costs."

Financial Penalties

Uttamchand Jain and the other defendants have to pay Rs.10,000 to Sureshkumar Jain, the first respondent/plaintiff, and Rs.5,000 to the Advocate’s Law Clerk Association at the Madras High Court. This decision aims to make up for the trouble caused by the delays.

Next Steps

The case is scheduled to be listed again on January 27, 2026, to check if the payments have been made and if the questioning can finally proceed.

Tags:
Delay in Justice
Civil Procedure Code
Enforcement of Judgments