GOPALRAO EKBOLE
President, Shishu Vihar Bhagini Mandal, Hyderabad – Appellant
Versus
Yellaiah – Respondent
( 1 ) THESE two revision petitions arise out of two I. As. filed in the Court below for the purpose of recalling P. W. 1 and for permission to cross examine him with reference to previous statements recorded by the same Court. The relevant facts are that the respondent-plaintiff instituted the suit in the court of small causes for recovery of a certain amount. The trial of the said suit had an unfortunate and chequered career. The Chief Judge, who tried the case first, was transferred before the case was concluded. He had recorded the statement of P. W. 1. , the plaintiff, It is known that under the provisions of the Hyderabad Small Cause Courts Act full evidence of a witness is not recorded nor it is read out to be witness nor his signature taken thereupon. What is recorded is only the notes made of the statement before the small Cause Court by the Judge. Subsequently another Chief Judge came in. According to the provisions of the small Cause Courts Act, a de novo trial could be concluded he was also transferred and the present Chief Judge of the City Small Cause Court commenced the trial. He recorded the statement of P. W. 1 again. While the witness was in the
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