Andhra Pradesh High Court - Amravati
Velamala Ramanamma vs Kandula Anantharao on 25 January, 2024
THE HON'BLE SMT. JUSTICE KIRANMAYEE MANDAVA
CIVIL REVISION PETITION No.284 of 2020
ORDER:
The Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 26.11.2019 in I.A. No.169 of 2019 in O.S. No.76 of 2017 on the file of the I Additional Junior Civil Judge, Parvathipuram, reopening the evidence of the plaintiff to adduce the evidence of P.Ws-2 & 3, which was eschewed on 06.02.2019.
2. The respondent plaintiff filed a suit in O.S. No.76 of 2017 for recovery of money from the defendant and in the said suit, the plaintiff was examined as P.W-1 and evidence in chief of P.Ws-2 and 3 was filed. However, P.Ws-2 and 3 were never produced before the Court for cross-examination. Therefore, the learned trial Judge, eschewed the evidence of plaintiff on 06.02.2019. The respondent/ plaintiff filed the subject application in I.A. No.169 of 2019 praying for an opportunity to re-examine the witnesses to prove his case that the father of defendant Nos.2 and 3, had borrowed money from him. The respondent/plaintiff stated that on account of his illness, he could not produce P.Ws-2 and 3 for cross-examination before the 2 trial Court. The petitioner/ defendant herein filed his counter- affidavit stating that the plaintiff in support of his claim that he was unwell during the relevant period did not file any medical record. The petitioner/defendant herein contended that the 1st defendant was examined and their evidence was also closed by marking exhibits B-1 to B-4. He therefore contends that, seeking re- examination at this stage is only an afterthought to fill up the gaps and lacunaes of his evidence. The learned trial Judge placing reliance on the decisions of the Hon'ble Madras High Court in the case of G. Saminathan Vs. Alimuthu dated 22.02.2018 and the judgment of DF.Philips Vs. Damayanthi Kailasan and others, 2009 (4) TLNJ 217 (CIVIL). The applications for reopening were allowed, wherein it was observing that there is no provision for eschewing the incomplete evidence of the witnesses, the evidentiary value of such evidence is a matter to be considered by the trial Court",.
3. The learned trial Judge observed that there is no provision of law under which the evidence could be eschewed, allowed the application filed by the respondent/ plaintiff. Hence, the present Civil Revision Petition.
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4. Heard, the submissions of the learned counsel for the petitioners. He relies on the decision in the case of Paila Regarao Vs. Pragada Rama Rao in C.R.P. No. 3562 of 2019.
5. Learned counsel for the petitioners fairly brings to the notice of the Court the decision of this Court in the case of Chinna Bayyannagari Munirami Reddy v. Chinna Bayyannagari Shankar Reddy and others reported in 2017 (3) ALD 482, wherein it is held as under:
"16. As stated above, defendant No.1 got examined himself as DW1 cannot be decided or gone into at this stage. It is for the trial Court to decide the same during the course of further proceedings. Once, the plaintiffs were given an opportunity to cross-examine DW1, which option has been exercised, the evidence of DW1 to the extent of cross-examination done by the plaintiffs cannot be eschewed from consideration."
6. Having considered the rival submissions, the order of the trial Court to the extent of granting opportunity to the plaintiff to adduce the evidence of P.W.Nos.2 & 3 is confirmed. However, the defendant shall be provided with sufficient opportunity to cross- examine the witnesses i.e., P.Ws. 2 & 3. The entire exercise i.e., recording of evidence shall be completed within a period of (01) month from the date of receipt of a copy of this order. To the above extent, the order of the Court below is modified. 4
Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.
As a sequel, all pending applications shall stand closed.
_________________________________ JUSTICE KIRANMAYEE MANDAVA Date:25.01.2024 SCH 5 218 THE HON'BLE SMT. JUSTICE KIRANMAYEE MANDAVA CIVIL REVISION PETITION No.284 of 2020 Date: 25.01.2024 SCH