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2023 Supreme(AP) 1397

B. S. BHANUMATHI
Makam Leela Kumari – Appellant
Versus
Gurram Jaya Lakshumma – Respondent


JUDGMENT

1. Can the evidence in chief-examination and crossexamination already concluded be eschewed if the witness fails to turn up to lead the further evidence which is subsequently allowed to be recorded?

2. These civil revision petitions are filed under Article 227 of the Constitution of India against the orders dtd. 29/9/2022 dismissing I.A. Nos.1125 and 1126 of 2022 in O.S. No.60 of 2013 on the file of the Court of II Additional District Judge, Kadapa at Proddutur filed by the defendant under Order XVIII Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 ('CPC') to set aside the order dtd. 11/8/2022 eschewing the chief affidavit of D.W.1 and closing the evidence of defendant and further to recall the defendant for further evidence as allowed in I.A. No.834 of 2022 and to receive documents as allowed in I.A. No.8 of 2022.

3. The revision petitioner is the defendant and the respondent is the plaintiff in the suit.

4. The plaintiff filed a suit for recovery of money based on a promissory note. The defendant took a plea of forgery and fabrication of the suit promissory note alleging that there were business dealings between her husband and the husband of the plaintiff

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