KUSETTY SESHAMMA Vs. CHEMICALA RAMA MOHAN REDDY

JUDGEMENT

(1.) This revision is directed against the order dated 4.2.2011 passed in IA No. 49 of 2011 in OS No. 184 of 2008 on the file of the Principal Junior Civil Judge, Proddatur, whereby and whereunder the learned Junior Civil Judge dismissed the application filed by the Petitioner to summon the Doctor who issued Ex. B1 certificate under Order 16 Rules 1 and 6 Code of Civil Procedure.

(2.) Heard learned Counsel appearing for the Petitioner and learned Counsel appearing for the Respondents.

(3.) Learned Counsel appearing for the Petitioner submits that Ex. B1 is the certificate issued by the Doctor to show that Subramanyam, who is the son of K. Seshamma, who is one of the Defendants in the suit, is mentally unsound and unless the author of Ex. B1-certificate is examined, the contents therein cannot be placed reliance. A further submission has been made that there is no absolute bar of examining the witnesses whose names do not figure in the list of witnesses submitted to the Court, after framing of the issues. It is also submitted by him that filing of the list of witnesses within 15 days of the framing of the issues is not mandatory. In support of his submission, reliance has been placed on the decision of this Court in Addagatla Narender v. Some Vijayalakshmi, 2006 3 ALD 94.