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1961 Supreme(AP) 3

CHANDRASEKHARA SASTRI
Achyutana Pitchaiah Sarma – Appellant
Versus
Gorantla Chinna Veerayya – Respondent


CHANDRASEKHARA SASTRY, J.

( 1 ) IN this C. R. P. a question of general importance as to the power of Court to exclude from the Court parties and their witnesses during the trial arises for decision. The suit was filed in the year 1951 and after a chequered career, was taken up again by the lower court. The fourth defendant in the suit is the petitioner in this C. R. P. It is stated that the examination and Gross-examination of the plaintiffs witnesses was over and that the fourth defendant was present when they were examined. Then, one Nalluuri Yacob was put in the witness-box as the first witness for the defendants. At that time also, the fourth defendant was sitting in Court. The witness stated "i know the suit lands". Then the counsel for the plaintiff objected to the fourth defendant sitting in the court, but Sri M. Venkateswarlu, the learned counsel for the defendants stated that he has to get instructions and that he objects to the fourth defendant being sent out of the Court. The Court ordered the fourth defendant to leave the Court hall. On that, Sri Venkateswarlu stated that he would not proceed with the suit and that he would carry the matter in revision to the High Court






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