KOTE KRISHNUDU Vs. MANDLEAM SUBBA REDDY

JUDGEMENT

(1.) This revision under Article 227 of the Constitution of India is filed against the order, dtd. 17/5/2024, dismissing I.A.No.800 of 2023 in O.S.No.62 of 2014 on the file of the Court of the Junior Civil Judge, Nandikotkur, filed by the plaintiff under Sec. 151 CPC to reject the chief affidavit of 1st defendant (DW2).

(2.) Heard the learned counsel for the parties.

(3.) The suit was filed for permanent injunction and the suit was opposed by the defendants by filing a written statement. During the course of trial, the 3rd defendant was first examined as DW1 and in his evidence in chief examination, he stated that he is deposing for him and also for the other two defendants 1 and 2. Later, the 1st defendant proposed to give evidence as DW2 and filed affidavit in evidence in chief examination stating that he is giving evidence on his behalf and also on behalf of the other defendants 2 and 3. As such, the plaintiff filed petition in I.A.No.800 of 2023 under Sec. 151 CPC to reject the affidavit of the 1st defendant/DW2 on the ground that the 1st defendant cannot again give evidence on his behalf and on behalf of DW1/defendant No.3 and such a course is unknown to law.