C SRINIVASA RAO Vs. K 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 I. A. No. 929 of 1979, in O. S. No. 264 of 1979 on the file of this Court.

(2.) The petitioner is the plaintiff in O. S. No. 264 of 1979, which is a suit for permanent injunction. He filed I. A. No. 929 of 1979 under Order 39, Rule 1, 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 Order 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 v. M. Appalaswamy, AIR 1978 Andh Pra 103, 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 1, 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 affidavits filed underOrder 39, Rule 1, C. P. C., the Court has the power under Order 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 Order 39, Rule I, C. P. C., no Court has any power to summon the deponents for cross-examination.