N BALRAJU Vs. G VIDHYADHAR

JUDGEMENT

(1.) Respondent filed a suit for recovery of Rs.1,31,250/-, being the principal and interest due on the promissory note dated 9-1-2000, said to have been executed by the first revision petitioner in his favour with the second revision petitioner as surety. Revision petitioners filed their written statement, inter alia contending that they became members in an unregistered chit fund run by S. Ramudu and K.G.Murthy and participated in the bids and after the bids were knocked down in their favour they executed some documents and had also affixed their signatures to some blank stamped promissory notes and that subsequently disputes arose between them on one hand and S. Ramudu and K.G. Murthy on the other and so those two persons, in order to spite them, might have handed over the blank promissory notes to the respondent to enable him to file a suit against them.

(2.) Revision petitioners admittedly did not file a list of witnesses to be examined on their behalf.

(3.) After the respondent closed his evidence and when the matter was posted for evidence of the revision petitioners, they filed I.A. No.78 of 2004 to summon S. Ramudu, K.G. Murthy, and D. Jagdeesh as witnesses on their behalf and the same was dismissed, as revision petitioners did not file a list of witnesses. Having filed a C.R.P. questioning the said order revision petitioners withdrew the same, stating that they would file a list of witnesses with a petition, and thereafter filed a list showing S.Ramudu, K.G.Murthy and D.Jagdeesh as the witnesses to be examined on their behalf, with a petition to condone the delay of 345 days in filing that list of witnesses vide I.A. No.214 of 2004. After contest by the respondent the Trial Court dismissed the said I.A. by the order under revision. Hence this revision.