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2017 Supreme(AP) 426

SANJAY KUMAR
Sarikonda Srinivasa Raju – Appellant
Versus
K. Ravi Prasad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri P. Surya Narayana Murthy
For the Respondent: Smt. G. Jyothi Kiran

ORDER :

By order dated 04.07.2017, the learned XIII Additional District and Sessions Judge at L.B. Nagar, Ranga Reddy District, allowed I.A.No.393 of 2017 in O.S.No.954 of 2015 holding that the defendant in the suit, the petitioner in the said I.A., was entitled to cross-examine the plaintiff on the affidavit filed by him for passing judgment and to argue the matter. Aggrieved thereby, the plaintiff is before this Court by way of this revision under Article 227 of the Constitution.

2. O.S.No.954 of 2015 was filed by the petitioner/plaintiff under Order 37 CPC for recovery of money on the strength of promissory notes. Earlier, when the defendant in the said suit filed an application under Order 37 Rule 3 (5) CPC seeking the leave of the Court to defend the suit, the trial Court granted him leave conditionally. Aggrieved by the condition imposed that he should deposit a sum of Rs.40,00,000/- within a time frame, he filed C.R.P.No.1662 of 2017 before this Court. The said revision petition was dismissed by this Court on 11.04.2017 holding that the condition imposed was not onerous.

3. Having suffered the said order, it is an admitted fact that the defendant in the suit failed to deposit t



















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