Back
K. MANMADHA RAO
Kotti Venkata Lakshmi Narasimha Rao – Appellant
Versus
Kotti Venkata Rama Krishna S/o Late Jagannadha Rao – Respondent
ORDER :
1. This Civil Revision Petition is preferred against the order, dated 20.07.2018 passed in I.A.No. 425 of 2018 in O.S.No. 21 of 2015 on the file of X Additional District Judge, Narsapur (for short “the trial Court”).
2. Heard Sri P. Rama Mohan, learned counsel appearing for the petitioner and Sri P. Durga Prasad, learned counsel appearing for the respondents.
3. The petitioner herein is the defendant and the respondent herein is the plaintiff in the suit in O.S. No. 21 of 2015 which was filed for grant of partition. The present impugned I.A.No. 425 of 2018 was filed before the trial Court by the petitioner under Order 16 Rule 14 CPC seeking to issue summons to the Manager, Andhra Bank, Narsapur to produce original Will dated 18.9.1992 to proceed with the trial of the suit. The same was dismissed by the trial Court vide order dated 20.07.2018 on the ground that there are no bona-fides on the part of the petitioner to file the petition either on facts or under law to issue summons to produce the document. Aggrieved by the same the present civil revision petition is filed.
4. As seen from the material, it is observed that, this Court, vide order dated 21.08.2018, has granted inter
The discretionary power of the court to summon witnesses under Order 16 Rule 14 CPC and the limitations on the parties' right to invoke the power of the court under this rule.
The court clarified that the appointment of an Advocate Commissioner and summoning witnesses are at the court's discretion, not a right of the parties, and the burden of proof lies with the plaintiff....
The court emphasized that the appointment of an Advocate Commissioner and summoning witnesses are at the court's discretion, and the burden of proof rests with the plaintiff.
The court's decision emphasized the discretion of the trial court in permitting parties to call witnesses and the provisions of Order 16 Rule 1 and 1A of the CPC, which allow parties to summon witnes....
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
