BILLA VENKAT PAPI REDDY Vs. A KISHAN RAO

JUDGEMENT

(1.) Since the point involved in these three revision petitions is the same they are being disposed of by this common order.

(2.) These three revisions arise out of the orders passed in the three suits, in which respondent is the defendant, permitting him to examine his earlier Counsel, Sri P. Ramgopal Rao as a witness on his behalf.

(3.) In all the three suits, revision petitioners who are the plaintiffs have adduced their evidence and the cases are being posted for evidence on behalf of the respondent, i.e., the defendant in the three suits. Mr. P. Ramgopal Rao, who was appearing for the respondent gave up his Vakalath since respondent wanted to examine him as a witness on his behalf to speak about execution of Ex.B.20, said to be an agreement between the respondent (defendant) and a third party to the suit. When Mr. Ramgopal Rao was put in the witness box as a witness on behalf of the respondent, revision petitioners took an objection that he cannot be examined as a witness on behalf of the respondent in view of Section 126 of Evidence Act. When the Trial Court sustained the objection respondent preferred CRP Nos.4816, 4817 and 4818 of 2001 before this Court. A learned Single Judge of this Court, by his common order dated 22-3-2002, set aside the said order of the Trial Court and held that in the event of the revision petitioners persisting in their objection to examine Mr. P. Ramgopal Rao, directed both the parties to file their affidavits, and other material on which they wish to rely on before the Trial Court, and gave a direction to the Trial Court to consider the objection of revision petitioners afresh on merits on the basis of the affidavits and the material produced. After both the parties filed their affidavits, as per the directions of this Court, by the orders under revision, the learned Trial Judge overruled the objection of the revision petitioners and permitted the respondent to examine Mr. P. Ram Gopal Rao, as a witness on his behalf on the point relating to the execution of Ex.B.20. Hence, these revisions.