Y. ASHOK Vs. GADE RAM REDDY

JUDGEMENT

(1.) The defendant in O.S. No. 52 of 2012 on the file of the Court of the Principal District Judge, Nalgonda, is the revision petitioner in this revision filed under Article 227 of the Constitution of India. This revision assails the order passed by the learned Principal District Judge in I.A. No. 640 of 2014 filed by the plaintiff/respondent herein under the provisions of Order XVIII Rule 17 read with Sec. 151 of the Code of Civil Procedure (for short, 'the CPC').

(2.) Heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioner, and Sri Vishnuvardhan Reddy, learned counsel for the respondent; apart from perusing the material available before this Court.

(3.) The respondent herein instituted respondent/plaintiff that there is no O.S. No. 52 of 2012 against the revision petitioner for recovery of a sum of Rs. 22,55,066/ - on the foot of a promissory note. The defendant/revision petitioner filed written statement, resisting the averments in the plaint. After conclusion of his evidence as PW1, the respondent/plaintiff filed I.A. No. 640 of 2014 under Order XVIII Rule 17 read with Sec. 151 of the CPC, seeking his recall for receiving Statement of Account from the State Bank of India. The defendant/revision petitioner filed a counter, opposing the said application. The learned Principal District Judge, Nalgonda, by way of the impugned order, allowed the said I.A. Calling in question the validity and legal sustainability of the said order, the present revision has been filed.