PREMA RANJIT Vs. D A R SARMA

JUDGEMENT

(1.) This revision petition is filed challenging the order and decree dated 8-7-2002 passed by the Court of I Additional Senior Civil Judge, Rangareddy District in I.A.No. 490/ 2002 in O.S-No. 151/1997. By the impugned order, the court below dismissed the petition filed by the defendant No.l under Order 3 Rule 1 C.P.C. to summon the second plaintiff for cross-examination. Aggrieved by the said dismissal, the 1st defendant in the suit, filed this revision petition.

(2.) The brief facts are that the plaintiffs filed two suits in O.S.Nos. 151 and 152 of 1997 for specific performance of the agreements. In both the suits, the 1st defendant filed I.A.Nos. 974 and 975 of 1998 respectively to direct the personal appearance of the 2nd plaintiff for the purpose of oral examination and signature. The affidavit filed in support of the present LA. discloses that the defendants expressed an apprehension that 2nd plaintiff was not all in existence and she is a fictitious person. When the said I.As. were dismissed by the court below, the 1st defendant filed revision before this Court in C.R.P.Nos. 4975 and 4974 of 1998 and the same were allowed by this Court with a direction to issue summons to the 2nd plaintiff for the purpose mentioned in the petitions filed by the 1st defendant. However, the 2nd plaintiff in O.S.No. 152/1997 got herself examined as P.W.2 and she was also effectively 'cross-examined by the defendants, there is no further cause of action in the said suit.

(3.) Coming to the present LA. as per the directions of this Court in the revision petition, after the second plaintiff attended the court in person, the court treated her as court witness and examined her. The grievance of the 1st defendant is that the court treated the 2nd plaintiff as court witness and examined her but no opportunity was given to him to cross-examine her.