PONDUGULA SUBHASH CHANDRA BOSE Vs. PONDUGULA RAJENDRA PRASAD

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decree dtd. 16/2/2022 partly allowing the petition in I.A.No.6 of 2022 in O.S.No.8 of 2013 on the file of the Court of Senior Civil Judge, Nuzvid filed by the plaintiff under Order XVIII Rule 17 and Sec. 151 CPC to recall DW.1 for the purpose of further cross examination by the plaintiff.

(2.) The petitioner contends briefly as follows:

(3.) The petition was opposed by filing counter of the 5th defendant stating that the petitioner might have colluded with the other defendants. The plaintiff raised loan from the bank to purchase the tractor by pledging the property under the original will of the father. The father bequeathed the plaint schedule property to the mother for her maintenance. It is also admitted by the plaintiff in the cross- examination. The advocate for the plaintiff thoroughly cross examined DW.1 on all aspects, including the issues mentioned in the affidavit. In fact, PW.1 also stated about the will propounded by this defendant. The plaintiff is threatening DW.2 also in different ways not to attend the court to give evidence. Thus, DW.2 was forced to abstain from attending to the Court. The plaintiff hatched a plan and filed this petition to disturb the evidence already adduced. There is absolutely no ground to allow the petition.