BOLEM YERRAYYAMMA Vs. MEDISETTY RAMANAMMA

JUDGEMENT

(1.) This Revision Petition arises out of Docket order dated 24.01.2020 passed in I.A.No.183 of 2019 in O.S.No.64 of 2011 by the Senior Civil Judge, Narsipatnam, which is filed for partition by the respondent/plaintiff.

(2.) Heard arguments of learned counsel for the petitioners and the respondent.

(3.) The revision petitioners are the defendants in the Suit in O.S.No.64 of 2011. They have filed an Interlocutory application in I.A.No.183 of 2010 under Section 151 CPC seeking to set aside eschew orders passed against DW.4 on 22.11.2019. The witness DW.4 was examined on behalf of the defendants during trial. After filing of his affidavit, the matter was posted for his cross-examination. On the day of examination, the witness DW.4 was not present before the trial Court. Due to non-appearance of DW.4, the Court has passed an order to eschew the chief evidence affidavit of DW.4.