SRINIVAIA RAO Vs. MANOHAR RAO

JUDGEMENT

(1.) This revision is directed against the order passed by the learned District Munsif, Karimnagar, in I,A, No. 1239 of 1979 in T. A. No. 929 of 1979 in O.S. No. 264 of 1979 on the file of his Court,

(2.) The petitioner is the plaintiff in O.S. No. 264 of 1979, which is a suit for permanent injunction. He filed 1. A. No. 929 of 1979 under Or. 39, Rule I.C.P-C. for a temporary injunction pending suit. Along with the application for temporary injunction he filed his own affidavit and the affidavits of third parties in proof of his possession. The respondent-defendant filed a counter along with his own affidavit and the affidavits of some others, The plaintiff thereupon filed I.A. No. 1239 of 1979 under Or 19, Rule 2 C P.C. requesting the Court to order the attendance of the deponents on behalf of the defendant for his cross-examination. Relying on the decision of this Court in S.V. Rao vs. M. Appalaswamy the learned District Munsif dismissed the application holding that he has no Jurisdiction to direct the attendance of the deponents whose affidavits are filed in a proceeding under Order 39. Rule I.C.P.C. It is against this order of dismissal that the plaintiff has come up in revision to this court.

(3.) Sri B. Prakash Rao, the learned Counsel for the petitioners, contends that even in the case of the affidavits filed under Or. 39, Rule I.C.P.C. the Court has the power under Or. 19 Rule 2 C.P.C. to summon the deponents for cross examination and that the lower Court failed to exercise jurisdiction vested in it on an erroneous impression of the law. Sri P.V. Narayana Rao, the learned Counsel for the respondents, on the other hand, contends that in the case of affidavits filed under Or. 39 Rule I.C.P.C. no Court has any power to summon the deponents for cross examination.