TALASILA SURESH Vs. NAARLA SRINIVASA

JUDGEMENT

(1.) The 1st respondent filed O.S.No.381 of 2003 in the Court of the Principal Junior Civil Judge, Avanigadda, against the petitioner and respondents 2 to 4 for recovery of amount on the strength of a promissory note, said to have been executed by late Rama Mohana Rao, the father of the petitioner. The suit was decreed and after the decree became final, the 1st respondent filed E.P.No.107 of 2007 against the petitioner and respondent No.2, his mother, and respondents 3 and 4, his sisters. In the course of trial of the E.P., the 1st respondent wanted to mark the deposition of the petitioner herein in O.S.No.60 of 2003 on the file of the Court of Senior Civil Judge, Avanigadda. The petitioner raised an objection to it by making reference to Section 33 of the Indian Evidence Act (for shot, 'the Act'). The executing Court, however, overruled the objection through its order, dated 24.11.2009, and directed that the deposition of the petitioner in the said suit, be marked as an exhibit. The same is challenged in this revision.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(3.) The only question that arises for consideration is as to whether the deposition of the petitioner herein, as a witness in O.S.No.60 of 2003 can be taken on record, as an exhibit in E.P.No.107 of 2007 filed by the 1st respondent.