Telangana High Court
CRP/6072/2009 of Maruboyina Rambabu Vs Sri K. Vallabha Narayana on 31 December 2009
SRI JUSTICE GHULAM MOHAMMED CRP NO.6072 of 2009 ORDER: This civil revision petition is filed against the order dated 12-11- 2009 passed in IA No.258 of 2009 in OS No.1319 of 2004 by the V Addl. Senior Civil Judge (Fast Track Court), Vishakapatnam District, allowing the said IA filed
THE HON’BLE SRI JUSTICE GHULAM MOHAMMED
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
CRP NO.6072 of 2009
This civil revision petition is filed against the order dated 12-11-2009 passed in IA No.258 of 2009 in OS No.1319 of 2004 by the V Addl.Senior Civil Judge (Fast Track Court), Vishakapatnam District, allowingthe said IA filed under Order 18, Rule 17 CPC to recall PW-3 for furthercross examination. 2. Heard the learned counsel for thepetitioner. Perused the impugned order passed by the Court below.
3. The Court below allowed the application to recall the witness forfurther cross examination having reached an opinion that the witness isnot being recalled to fill-up the lacunas in the evidence, but only to giveopportunity which is in line and compliance of the principle ‘right ofcross examination’. That apart, the impugned order is a discretionaryorder passed by the Court below and, therefore, does not warrant anyinterference by this Court.
4. The civil revision petition fails and it is accordingly dismissed atthe admission stage itself.
______________________
Ghulam Mohammed, J
31-12-2009Nrg.