NATIONAL INSURANCE CO LTD Vs. SUSRU SEA FOODS

JUDGEMENT

(1.) this civil revision petition under art. 227 of the constitution of India is directed against the Order, dated 26-10-2004, made in i.a. No.1523 of 2004 in o.s. No.639 of 1997 on the file of the learned i additional senior civil judge, visakhapatnam, whereunder the learned judge allowed the application filed by the respondent/plaintiff to summon two witnesses viz., V. Raj Kumar and Capt. P. Jacob Rao, in the interest of Justice.

(2.) respondent/plaintiff got himself examined as P.W.1 and another witness was examined as P.W.2. On behalf of the petitioners/defendants d.ws.1 and 2 were examined and their evidence was closed.

(3.) it is the case of the respondent/plaintiff that the petitioners/defendants did not examine one V. Raj Kumar who dealt with the matter concerned to the suit. Likewise, the surveyor of imsaco, Capt. P. Jacob Rao, who was also present throughout, at the time of salvage operations, was not examined by the petitioners/defendants. Their evidence would be crucial in order to arrive at just and proper conclusions in the suit. It is also the case of the respondent/ plaintiff that the petitioners/defendants who were supposed to examine them in the normal course, have purposefully avoided, in order to suppress the facts.