NANDURI RAMAKRISHNA Vs. PENAKATI NARASIMHA MURTHY @ AVATHARAM

JUDGEMENT

(1.) The petitioners filed O.S. No.27 of 2011 in the Court of the principal Senior Civil Judge, Rajahmundry against the respondent for recovery of a sum of Rs.4,24,906/- on the strength of two promissory notes, dated 30-12-2007. The respondent filed a written statement stating inter alia that his signatures were obtained on the blank promissory notes by the petitioners at the time of registration of a document in respect of an item of immovable property. The trial of the suit commenced. The affidavit in lieu of chief examination of PW-1 was filed. At this stage, the respondent filed I.A. No.2110 of 2011 under Section 151 CPC praying that the cross examination of PW-1 be deferred till the affidavits in lieu of chief examination of all other witnesses, to be examined on behalf of the petitioners herein, are filed. The petitioners opposed the application on the grounds of facts and law.

(2.) The trial Court, however, allowed the I.A. through its order, dated 13-12-2011. Hence, this revision.

(3.) Sri Sai Gangadhar Chamarthy, learned counsel for the petitioners, submits that the I.A. filed by the respondent is not referable to any specific provision of law and the prayer made by him is not tenable. He submits that filing of an affidavit in lieu of chief examination is nothing but a substitute for chief examination, and requiring the petitioners herein to file all the affidavits of the proposed witnesses would result in travesty of justice.