YERUBANDI RAMESH NARAYANA Vs. BHOAVALLI RAJESWARA RAO RAJA

JUDGEMENT

(1.) The Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dtd. 28/3/2022 in O.S.No.141 of 2018 on the file of the Court of Senior Civil Judge, Tadepalligudem.

(2.) The revision petitioners are the plaintiffs and the respondents are the defendants. The petitioners filed the suit for cancellation of the registered sale deed dtd. 27/7/1990. After examination of the 5th plaintiff as P.W.1, the 1st plaintiff sought to be examined as P.W.2 and requested the Court to receive the affidavit in chief examination. The same was objected by the defendants on the ground that the 1st plaintiff did not reserve right to be examined after the other parties to the suit by taking support from Order XVIII Rule 3-A CPC. The plaintiffs relied on the decision of the High Court in Shaik Rafath Begum v. T.V.R.Anjaneyulu (died) per LRs. And others,2006 (6) ALD 769. and other decision Garigipati Kesava Rao v. Prathipati Srilakshmi,2006 (3) ALD 68. However, the trial Court observed that the object of order XVIII Rule 3 CPC is not to fill lacunas in the evidence dug at the time of cross-examination and that the suit in O.S.No.141 of 2018, O.S.No.28 of 2013, O.S.No.29 of 2013 and O.S.No.25 of 2013 are together being tried and common evidence is being recorded in O.S.No.141 of 2018 and that the attempt to examine the 1st plaintiff after P.W.1 is to fill up the lacuna and that there is no genuinity on the part of the 1st plaintiff in filing of evidence at this juncture except to protract the proceedings and cause delay.

(3.) Having been aggrieved by the order, this revision petition is filed stating that the trial Court has not properly appreciated the decisions relied by the plaintiff and that Order XVIII Rule 3-A CPC does not require any such permission for a party. It is further contended that the delay occurred in the matters because of clubbing of the suits and the transfer petition filed by the defendants and that the plaintiffs are in no way contributed for the delay.