Telangana High Court
CRP/6067/2009 of Smt. Gadam Ramanamma Vs Kalla Gurunaidu on 31 December 2009
SRI JUSTICE GHULAM MOHAMMED CRP NO.6067 of 2009 ORDER: This civil revision petition is filed against the order dated 10-11- 2009 passed in IA No.720 of 2009 in OS No.1780 of 2008 by the II Addl. Senior Civil Judge, Vishakapatnam District, dismissing the said IA filed under Order 16,
THE HON’BLE SRI JUSTICE GHULAM MOHAMMED
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ORDER:
CRP NO.6067 of 2009
This civil revision petition is filed against the order dated 10-11-2009 passed in IA No.720 of 2009 in OS No.1780 of 2008 by the II Addl.Senior Civil Judge, Vishakapatnam District, dismissing the said IA filedunder Order 16, Rules 6 and 7 and Section 151 CPC to direct theSuperintendent, Mental Care Hospital, Chinawaltair, to produce musterroll register dated 20-3-2006 relating to duty nursing superintendent,grade-II, mental care hospital, Chinawaltair, Visakhapatnam.
2. Heard the learned counsel for the petitioner. Perused theimpugned order passed by the Court below.
3. The Court below dismissed the application filed to produce themuster roll from the hospital by observing that if the muster roll isproduced nothing will be proved except the attendance of the D-1 to theoffice on the relevant date. It has come in the evidence of the witnessesalready examined that D-1 was on duty on the relevant date. PWs.1 to 3in their evidence stated that Ex.A-1 pro-note was executed on 20-3-2006between 4-00 pm to 5-30 pm. As observed by the Court below, thequestion whether D-1 executed the pro-note on the relevant date andwhether she was on duty or not shall have to be decided after completionof the evidence and arguments and for that purpose, muster roll markingher presence or otherwise, may not throw much light on the facts of thecase. That apart, the impugned order is a discretionary order passed bythe Court below.
4. In the circumstances, the civil revision petition fails and it isaccordingly dismissed at the admission stage itself.
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Ghulam Mohammed, J
31-12-2009Nrg.