KARUMANCHI SUBBA RAO Vs. YARLAGADDA VENKATAPPAIAH

JUDGEMENT

(1.) The point raised in this revision petition is whether a defendant who filed the written statement stating that the suit instituted by the petitioner- plaintiff can be decreed as prayed for has got any right to cross-examine the plaintiff?

(2.) This revision under section 115, Civil Procedure Code by the plaintiff is directed against the order passed by the learned Subordinate Judge, Bapatla in I.A. No. 270 of 1976 in O.S. No. 56 of 1970, dated 15th April, 1976.

(3.) O.S. No. 56 of 1970 was instituted by the petitioner before the Court below for a declaration that the debt due by the plaintiff to the first defendant was partially discharged. Paragraph 9 of the plaint mentions about the relief and reads thus: