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SUBBA REDDY SATTI
Yagalla Appaji Praveen – Appellant
Versus
Gorti Rama Krishna – Respondent
ORDER :
Subba Reddy Satti, J.
1. The plaintiff in the suit filed the above revision against the order dated 18.06.2024 in I.A.No.97 of 2024 in O.S.No.38 of 2015 on the file of Special Judge for Trial of Cases under SCs & STs (POA)-cum-IV Additional District Judge, Srikakulam.
2. Plaintiff filed suit O.S.No.38 of 2015 seeking specific performance of suit agreement of development dated 05.10.2011 or in the alternative for recovery of advance amount with interest.
3. The defendant filed suit and has been contesting the suit. Apart from other pleas, the defendant pleaded and denied the execution of the agreement. He further pleaded that he alone is not the owner and as such he cannot convey a better title than what he had.
4. The trial in the suit was commenced. Plaintiff filed an affidavit, in lieu of, the chief examination. Exs.A1 to A20 were marked. A true copy of the attested Will (unregistered) produced by the plaintiff, said to have been executed by the father of the plaintiff, was not marked.
5. The Plaintiff filed I.A.No.97 of 2024 under Order XVI Rule 14 of CPC to issue a summons to the defendant to give evidence as a Court witness concerning the existence of the original Will dated
The court upheld the trial court's discretion under Order XVI Rule 14, emphasizing that the necessity to summon a party must be convincingly established.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
Parties in a civil suit can be summoned as witnesses under the CPC, but compelling testimony without sufficient cause violates procedural norms.
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
Point of Law : Negligence and failure to produce such evidence because of inadvertence/negligence, is not a lawful ground to permit a party to lead the additional evidence within the ambit and scope ....
The right to make an application for witness summons is available to a party at any stage of the suit, but the trial court may refuse to issue summons only if the application is not bona fide, vexati....
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....
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