JERRYPOTHU SHAMUL JOHN BABU Vs. PEDDIPOGA ANANDARAO

JUDGEMENT

(1.) This revision is filed against the order of the III Additional Junior Civil Judge, Guntur in I.A.No. 243 of 2001 in O.S. No. 1095 of 1995, dated 23-2-2001.

(2.) According to the Petitioner/Plaintiff, he filed the suit for recovery of certain amount under the promissory note said to have been executed by Defendants 1 and 2. During the pendency of the suit, the Plaintiff has filed the above IA under Order 18, Rule 17 of the Code of Civil Procedure to recall P.W. 1 for the purpose of marking the deposition of the 2nd Defendant, which was recorded in O.S. No. Ill of 1988, which was instituted by the Defendants against the present Plaintiff. According to the Plaintiff, the second Defendant was examined as P.W. 1 in that suit, where she has admitted the execution of the suit promissory note as well as passing of the consideration under it. In that view of the matter it is necessary to file the said deposition and mark the same as an exhibit in this suit.

(3.) This was opposed by the Respondents/Defendants.