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SRI MANNE DAYAKAR v. SRI M. NARENDER
THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY CRP No.2820 of of 2019
ORDER: 1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 20.09.2019 in IA No.419 of 2019 in OS No.96 of 2013 on the file of the learned III Additional Senior Civil Judge, City Civil Court, Secunderabad.
2. This application in IA No.419 of 2019 was filed by the petitioner/defendant under Section 151 of the Civil Procedure Code (for short 'CPC') to set aside the order dated 18.06.2019 wherein the evidence of PW.2 was eschewed from consideration.
3. Heard learned counsel on both sides. Perused the material available on record. For the sake of convenience, the parties are hereinafter referred to as plaintiff and defendant as arrayed in the original suit.
4. The original suit was filed by the plaintiff for recovery of money. The defendant has filed the written statement. During trial on behalf of the plaintiff, he himself got examined as PW.1 in support of his case. The evidence affidavit of PW.2-Srinivas was
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CRP No.2820 of 2019 filed. As per the material available on record, the evidence affidavit of PW.2 was filed on 30.12.2018 and since then the witness failed to attend the Court except on 30.03.2019.
5. It appears that the trial Court has specifically directed PW.2 to appear on 10.04.2019 for cross-examination. Since the witness was not present, again it was adjourned to 10.06.2019 and from there it was adjourned to 18.06.2019, that on 18.06.2019 the evidence affidavit of PW.2 in chief examination was eschewed from consideration, as the witness failed to attend the Court to face the cross-examination and his evidence in chief was not tested with the cross-examination on behalf of defendant. Once the evidence of PW.2 was eschewed from consideration on 18.06.2019 and the matter was adjourned to 25.06.2019 for further evidence of plaintiff, subsequently, on 09.07.2019 this application is filed to set aside the order dated 18.06.2019 and to consider the evidence of
PW.2.
6. Be that as it may, it is submitted by the learned counsel on both sides that the evidence on behalf of plaintiff and defendant is closed and the suit is adjourned for arguments on 22.11.2021. In
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CRP No.2820 of 2019 that view of the matter, as plaintiff's evidence was closed, thereafter evidence on behalf of defendant is also adduced and the same was closed and the original suit is being posted for arguments and the witness/PW.2 is not at all cooperative, having filed the chief examination affidavit on 30.12.2018, he failed to appear before the Court till 18.06.2019 without any valid reason, I find no merit in the request of the petitioner to set aside the order dated 18.06.2019 whereunder the evidence of PW.2 is eschewed from consideration.
7. In the result, the Civil Revision Petition is dismissed confirming the impugned order dated 20.09.2019 in IA No.419 of 2019 in OS No.96 of 2013 on the file of the learned III Additional Senior Civil Judge, City Civil Court, Secunderabad. However, in the circumstances of the case, there shall be no order as to costs.
8. As a sequel, interlocutory applications, if any pending, shall stand closed.
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A. VENKATESHWARA REDDY, J. Date: 02.03.2022
Isn
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