D DHANALAXMI Vs. SANNADHI PRABHA KRISHNA ALIAS PRABHAVATHI

JUDGEMENT

(1.) This civil revision petition is filed under Section 115 of Code of Civil Procedure, 1908, (for brevity, 'the Code') challenging the order dated 1-4-2002 passed in IA No.332 of 2002 in O.S.No.6 of 1996 by the Court of Senior Civil Judge, Miryalaguda. The revision petitioner is the 6th defendant in the suit. Be it noted that she came on record as 6th defendant in the suit O.S.No.6 of 1996 filed by the plaintiff-1st respondent herein.

(2.) The plaintiff-lst respondent filed the suit for cancellation of registered sale deed executed by 1st defendant-2nd respondent herein in favour of 6th defendant-revision petitioner herein. In the said suit O.S.No.6 of 1996, the plaintiff also sought for perpetual injunction in addition to cancellation of the said registered sale deed.

(3.) After the plaintiff closing her evidence, the 1st defendant-2nd respondent herein in spite of affording opportunities to her to adduce evidence did not come forward to give evidence and ultimately it appears she filed a memo before the Court stating that she has no evidence and she would lead evidence after the closure of the evidence of 6th defendant, who is the petitioner herein. But, the Court did not pass any order on the memo filed by the 1st defendant-2nd respondent herein. Be that as it may, the 6th defendant-petitioner herein was examined on 11-3-2000 and she also examined as many as five witnesses in support of her case and also marked certain documents including the registered sale deed executed by the 1st defendant in her favour, which was marked as Ex.B-2. The matter was posted for arguments and the plaintiff's arguments were heard.