ANKAREDDI BHAVAJI PATRUDU Vs. PARVADA APPARAO @ BUTCHIBABU,

JUDGEMENT

(1.) Challenge in the Civil Revision Petition is to the order dated 16.04.2019 in I.A.No.154 of 2019 in O.S.No.300 of 2014 passed by learned Senior Civil Judge, Pithapuram dismissing the petition filed by the petitioner/defendant under Section 151 of C.P.C to reopen the matter for the purpose of filing of chief-affidavit of D.W.3.

(2.) O.S.No.300 of 2014 filed by the respondent/plaintiff for a money decree on the strength of the pronote dated 02.01.2012 for Rs.4,00,000/-. The defendant contests the suit. While so, the matter was posted to 22.01.2019 for further evidence of defendant and on that date, as there was no representation on behalf of defendant even till 4:45 P.M., the trial Court was pleased to close the further evidence of the defendant and posted the matter for arguments to 30.01.2019. The petitioner/defendant filed I.A.No.154 of 2019 to reopen his evidence for the purpose of filing of chief-affidavit of D.W.3. The respondent/plaintiff opposed the said petition and the trial Court dismissed the said petition observing that the question of reopening the matter for the purpose of filing chief affidavit of D.W.3 does not arise, since the suit was still kept open for submission of arguments and since the evidence of the defendant alone was closed by the Court, same has to be sought to be reopened by petitioner/defendant and the relief was not properly framed by petitioner/defendant. It should be noted the petition was dismissed not on any other grounds.

(3.) Heard learned counsel for petitioner and learned counsel for respondent.