B. S. BHANUMATHI
Gurivindaguta Jagapathi Rao – Appellant
Versus
Jupalli Narasimha Rao – Respondent
ORDER :
1. This Civil Revision Petition by the unsuccessful defendants is directed against the orders of dismissal, dated 27.03.2019, of the learned Additional Senior Civil Judge, Fast Track Court, Gudivada, made in I.A. No. 20 of 2019 in O.S. No. 164 of 2010 filed under Order XVI Rule 7 of the Code of Civil Procedure, 1908, requesting to issue witness summons to the Tahasildar and Panchayat Secretary of Nagapuram village, to attend before the Court along with record relating to R.S. No. 889/2 of Nagapuram village of Peddaparupudi Mandal and give evidence.
2. Heard Sri P.S.P. Suresh Kumar, learned counsel for the revision petitioners/defendants and Sri D. Satya Siva Darshan, learned counsel for the respondents/plaintiffs.
3. The case of the defendants, as per the affidavit of the 3rd defendant filed in support of the present application, in brief, is this:
Summoning of Government Official – In each case, on examination of facts and circumstances, in light of contentions raised, decision is to be taken whether it is required to summon a government offic....
The necessity of summoning material evidence, such as the Tahsildar and the evidence of the Tahsildar, in deciding the title of the parties.
Summoning public officers under Order XVI, Rule 1 of CPC cannot be invoked by private parties without adducing proper and relevant evidence to prove their case.
Compliance with mandatory requirements for summoning documents from a public officer and the limitations of Order XVI, Rules 1 and 5 of the CPC.
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