KORAPATI NARSIMHA NARSAIAH Vs. G. V. DHONDI RAM

JUDGEMENT

(1.) This revision is filed challenging the docket order dated 25.07.2019 in O.S.No.265 of 2013 passed by the Principal Junior Civil Judge, Medchal, Ranga Reddy District.

(2.) The petitioner is the plaintiff in O.S.No.265 of 2013 filed for perpetual injunction restraining the defendant Nos.1 to 3 from interfering with their peaceful possession and enjoyment over the suit property. The suit was coming up for cross-examination of D.W.1/defendant No.3. The counsel for the defendant No.2 intended to cross-examine D.W.1. The plaintiff's counsel objected for such cross-examination stating that the defendant Nos.2 and 3 are sailing in the same boat and they both filed written statements having same contents.

(3.) By the impugned order, the Court below overruled the said objection of the plaintiff by holding that the defendant No.3 is a Government authority i.e. Tahsildar. The defendant No.2 did not choose to file his evidence. Thereafter, the evidence of D.W.1 (defendant No.3) was adduced and he was also cross-examined by plaintiff's counsel. In the cross-examination of D.W.1 by the plaintff's counsel, there are some contradictions against the defendant No.2, therefore, without cross-examination the interest of the defendant No.2 will be affected. Thus, the plaintiff's counsel cannot say that both are sailing in the same boat. The Court has to give change to the defendant No.2 to elicit the truth from D.W.1 (defendant No.3).