UPPALA VEERA RAGHAVAMMA KUMRI JYOTHI Vs. RAYUDU DURGARAO

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Order, dtd. 27/3/2023, passed in I.A. No. 174 of 2023 in O.S. No. 231 of 2020 on the file of the III Additional Junior Civil Judge, Kakinada, whereby the petition filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 ['C.P.C.'], to recall DW1 for further cross-examination was allowed.

(2.) Heard learned Counsel for the Petitioners. Despite service of notice, none appeared for the Respondent.

(3.) The Petitioners are the Defendant Nos. 1 and 2 in O.S. No. 231 of 2020 on the file of the III Additional Junior Civil Judge, Kakinada. The said Suit was filed by the Respondent herein, who is the Plaintiff in the said Suit, for recovery of money on the foot of a promissory note, dtd. 10/6/2018. After closure of the evidence of the Plaintiff, the Suit was posted for evidence of Defendants. The Husband of 2nd Defendant was examined as DW1 and he was cross-examined by the Plaintiff. The petition was filed on the same day to send the Suit promissory note for examination to hand writing expert with the contemporaneous signatures on the other documents. The said petition was allowed and the expert opinion was received. Thereafter, the Plaintiff has filed a petition under Order XVIII Rule 17 of C.P.C., to recall DW1 for further cross-examination stating that due to non availability of the Plaintiff, certain questions could not be put to DW1. The said petition came to be allowed by the impugned order recalling DW1 for further cross-examination.