CHUKKA RAMAIAH Vs. CHEKURU BUJJIAH

JUDGEMENT

(1.) The respondent filed O.S. No. 62 of 2007 in the Court of Junior Civil Judge, Nandalur for recovery of certain amounts on the basis of a promissory note. The petitioner denied the allegations made by the respondent. The trial of the suit commenced and the evidence adduced on behalf of the respondent was recorded. The petitioner deposed as DW.1. He wanted to examine scribe of the promissory note as DW.2. As a matter of fact, an affidavit in lieu of chief examination of DW.2 was filed.

(2.) The petitioner filed I.A. No. 20 of 2010 under Section 31 read with Section 151 CPC with a prayer to issue summons to DW.2. The application was opposed by the respondent. The trial Court dismissed the I.A., through its order dated 5.02.2010. Hence this revision petition.

(3.) Sri N. Nagaraju, learned Counsel for the petitioner submits that though DW.2 agreed to depose as a witness in relation to the allegation as to his scribing the promissory note, he refused to cooperate after filing the affidavit in lieu of chief examination. He submits that the trial Court has ample power to summon such witness.