MATTAM RAVI Vs. MATTAM RAJA YELLAIAH

JUDGEMENT

(1.) O.S.No.347 of 2009, on the file of II Additional Senior Civil Judge, Warangal, is instituted praying to grant preliminary decree declaring that the plaintiffs are entitled to ?th share in item Nos. 1 to 4 of the suit schedule properties and to pass a final decree in terms of the preliminary decree. Defendants 1 and 2 filed I.A.No.720 of 2016 to summon DW.2, namely, Chilpuri Shekaraiah @ Srekaraiah, S/o Mallaiah r/o. Veluru Village, Dharmasagar Mandal, Warangal District to declare him hostile and to cross-examine him by the defendants. The said application was dismissed by the learned II Additional Senior Civil Judge on 11.11.2016, impugned in this revision.

(2.) The averments made in the affidavit filed in I.A.No.720 of 2016 would disclose that DW.2 filed chief affidavit on 26.08.2016 supporting the stand of the defendants. When he was cross-examined by the plaintiffs, he deposed against his chief examination and supported the plaintiffs. The defendants, therefore, prayed to declare him hostile and to permit to cross-examine him. The said plea of the petitioners was opposed by the respondents/plaintiffs. According to them, in order to divert the issue and to create a false story contrary to the record, chief-examination affidavit was filed on behalf of DW. They have also opposed the plea to declare the witness as hostile.

(3.) Trial Court rejected the said application on the ground that invoking Sec. 154 of the Indian Evidence Act in civil cases is not permissible and that Sec. is invariably invoked in criminal proceedings only. Trial Court held that decision relied by the petitioners is not relevant for the civil cases. Aggrieved thereby, this revision is filed.