LAWS(APH)-2009-4-9

LINGAMDINNE RAMA REDDY Vs. VONGOLE VENKATARAMI REDDY

Decided On April 09, 2009
LINGAMDINNE RAMA REDDY Appellant
V/S
VONGOLE VENKATARAMI REDDY Respondents

JUDGEMENT

(1.) THE respondent herein filed O. S. No. 50 of 2003 in the Court of Senior Civil judge, Proddatur, against the petitioner herein, for recovery of a sum of rs. 6,50,000/ -. The petitioner filed written statement and the trial Court framed the issues. The trial of the suit commenced, and during the course of his evidence as PW. 1, the respondent filed a document marked as Ex. A. 1. One person, by name Neelam Pulla Reddy, figured as attestor of Ex. A. 1. The respondent proposed to examine Pulla Reddy as PW. 2, and in fact, an affidavit in lieu of chief examination was also filed by the witness. However, suspecting bona fides of the said witness and alleging that Pulla Reddy colluded with the petitioner, the respondent filed a memo, before the trial Court, with a prayer to eschew the evidence of that witness.

(2.) THE petitioner filed I. A. No. 1165 of 2007, with a prayer to summon the said Pulla reddy for being cross-examined by him. The respondent opposed the application. Through its order, dated 11. 12. 2007, the trial Court dismissed the application. Hence, this revision.

(3.) SRI P. Veera Reddy, learned counsel for the petitioner, submits that the trial court did not furnish any reasons, in support of its conclusions and that the application was dismissed through a laconic order. He contends that, once the respondent has cited an individual as a witness and filed an affidavit in lieu of chief-examination, it was competent for the Court to summon that witness.