AYYAGAVI NARASIMHU RAO Vs. ANDHRA BANK LTD.

JUDGEMENT

(1.) THIS petition is against an order directing the issue of a commission to examine a witness, Mr. P. Somasundaram. The facts giving rise to this petition are the following.

(2.) THE suit was tiled by the 1st Respondent against the Petitioners for recovery of Rs. 1,24,000/ - on the foot of a promissory note executed by all the Defendants jointly and severally on 17 -10 -1951. On receipt of the suit notice, the Defendants applied for inspection of certain documents. This was opposed by the Plaintiff. In -spite of this the inspection was ordered by the Subordinate Judge on. the ground that it was necessary to frame their defence.

(3.) THE only point for determination is whether evidence could be given by a lawyer to contradict a statement contained in the judgment of this Court. The relevant remarks of Justice . Umamaheswaram show that the mortgage was given up in that suit. Now the Plaintiff wants to establish that the statement was not correct. In my opinion, it is not competent for the party or the counsel concerned to challenge a statement contained in a judgment, in the way they seek to do it.