Telangana High Court
Diosis Of Khammam vs Madasu Vijaya Laxmi on 25 November, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CIVIL REVISION PETITION No.2364 of 2022
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the revision petitioner/plaintiff, aggrieved by the order dated 20.06.2022 passed in I.A.No.2 of 2022 in O.S.No.194 of 2011 by the learned Additional Senior Civil Judge, at Khammam, wherein the subject Interlocutory Application filed by the petitioner, under Order XVI Rule 7-A read with Section 151 of CPC seeking to issue hand summons to the witness i.e, Tahsildar, Khammam Rural or any other person deputed on his behalf to depose and to mark the document filed by the Tahsildar, Khammam Rural, was dismissed.
2. Heard the submissions of Sri Shaik Madar, learned counsel for the revision petitioner, Sri Kadaru Prabhakar Rao, learned counsel for the respondent and perused the record.
3. The learned counsel for the revision petitioner/plaintiff would submit that there is an order to summon the Tahsildar to give evidence and therefore, the Court below ought to have allowed the subject Interlocutory Application and issued summons to the Tahsildar, Khammam Rural. The impugned order 2 dated 20.06.2022 passed by the Court below is erroneous and ultimately, prayed to allow the Civil Revision Petition, as prayed for.
4. On the other hand, the learned counsel for the respondent/ defendant would contend that there is no order for issuance of summons to a witness and therefore, the question of handing over summons to any person does not arise. The Court below elaborately dealt with this aspect and rightly dismissed the subject Interlocutory Application and ultimately, prayed to dismiss the Civil Revision Petition.
5. In view of the above submissions made by both sides, the point that arises for determination is:
"Whether the impugned order dated 20.06.2022 passed in I.A.No.2 of 2022 in O.S.No.194 of 2011 by the learned Additional Senior Civil Judge, at Khammam, is liable to be set aside?"
6. POINT: The Court below while dealing with the subject Interlocutory Application examined the provisions under Order XVI Rule 7-A as well as Order XVI Rules 1 & 2 of CPC and the material on record, arrived at a conclusion that there is no order for issuance of summons to a witness, so as to invoke the provision under Order XVI Rule 7-A CPC and handover the 3 summons to the party for service. The findings recorded by the Court below are in tune with the provisions under Order XVI Rule 1 and 2 CPC as well as Order XVI Rule 7-A CPC. The Court below while dismissing the subject Interlocutory Application, concluded as follows:
"In the absence of any order summoning a witness, it is not permissible to handing over summons of such witness to the party for service. Therefore, the petition deserves no merit."
This Court is in agreement with the findings recorded by the Court below. There is no perversity or illegality in the impugned order dated 20.06.2022 passed by the Court below. This Civil Revision Petition is lacking merits and is liable to be dismissed.
7. Accordingly, this Civil Revision Petition is dismissed.
Miscellaneous petitions, pending if any, in this Civil Revision Petition, shall stand closed. No costs.
____________________ Dr. SHAMEEM AKTHER, J Date: 25.11.2022 scs