THULLURI SUBBA RAO Vs. YELCHURI SRINIVASA

JUDGEMENT

(1.) The Court made the following:

(2.) Order: This Civil Revision Petition arises out of docket Orders, dated 26-12-2013 and 30-12-2013, in IA.No.548 of 2013 in OS.No.114 of 2008, on the file of the Court of the learned Senior Civil Judge, Kandukur.

(3.) A perusal of docket order, dated 26-12-2013, of the lower Court shows that there was no representation by the Counsel for the petitioner as well as the Advocate-Commissioner. The Court below has observed that despite lapse of six months, expert's evidence was not recorded and there was no representation by the petitioner's Counsel. Even the petitioner was also called absent. From the conduct of the petitioner and his Advocate, the Court below has drawn the presumption that neither the petitioner nor his Counsel nor the Advocate- Commissioner is interested in examining the expert. The lower Court has, accordingly, directed return of the warrant by 30-12-2013 with an observation that the Court can draw adverse inference under Section 114 (g) of the Indian Evidence Act, 1872. A consequential order was passed on 30-12-2013 for return of the Commissioner's warrant.