HUDDAPPA Vs. GURIKALLA THIMMAIAH

JUDGEMENT

(1.) This is a plaintiff's revision petition against the order passed by the Munsiff, Kolar, in O.S. No. 260 of 1967 rejecting the application I.A. No. V filed by the petitioner under Order XVI R. 1 C.P.C. to summon the witnesses given in the list annexed to that application. The suit was posted for hearing on 6th March, 1969. On that day, it was submitted on behalf of the plaintiff that he is not ready for the hearing of the case. But, the plaintiff made an application I.A. No. V under Order XVI R. 1 C.P.C. tor summoning the witnesses as per the list filed along with the application. He also prayed for condonation of the delay in filing the list of witnesses. In support of the application, it was stated that the list of witnesses was not furnished earlier on account of an erroneous impression that it can be filed when the case becomes ripe for hearing. The learned Munsiff considered that this is not a sufficient or a proper ground to allow the application at a belated stage. He accordingly rejected IA. No.V on 6-3-1969. The learned Munsiff, did not hear the suit on the day, but adjourned the case to another date viz., 3rd June, 1969.

(2.) It is the aforesaid order of the learned Munsiff that is challenged by the plaintiff in this revision petition.

(3.) Order XVI R. 1 of the Code of Civil Procedure reads as follows: