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2013 Supreme(AP) 981

A.RAJASHEKER REDDY
Shaik Gousiya Begum – Appellant
Versus
Shaik Hussan – Respondent


Advocates Appeared:
For the Petitioner:K. Narasimha Chary, Advocate.
For the Respondents:V. Raghu, Advocate.

JUDGMENT

This Civil Revision Petition is filed aggrieved by common order dated 01.07.2013 in I.A.No.201 of 2013 in O.S.No.234 of 2007 passed by the Junior Civil Judge, Kodad, wherein the Court below dismissed the above petition.

2. Brief facts which are necessary for disposal of the Civil Revision Petition are as follows:

The petitioner/plaintiff filed suit O.S.No.234 of 2007 on the file of the Junior Civil Judge, at Kodad, on 05.09.2007 and the respondent/defendant filed written statement on 13.12.2007. P.W.1 was examined on 21.01.2011. He was cross-examined on 26.04.2011. Thereafter, the defendants’ evidence was closed on 01.04.2013 and at this stage, the petitioner filed I.A.Nos.200 and 201 for reopening the case to adduce further evidence on behalf of the plaintiff and issue summons to the plaintiff in respect of Ex.A1.

3. The case of the revision petitioner is that the revision petitioner thought that the evidence of attester of Ex.A1 is sufficient, as such, she could not produce the executant of Ex.A1. As per the legal advise, as other side may take advantage of non-production of executant, it is just and essential to re-open the case and to issue summons to the executant of E





















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