K. SREEDHAR RAO, J.

( 1 ) THE defendant in o. s. No. 1920 of 1995 pending on the file of xxxi additional city civil judge, Bangalore, being aggrieved by the order passed on la. No. Ix, has filed this revision under Section 115 of the Code of Civil Procedure.

( 2 ) THE brief facts relating to the controversy in question which are necessary for adjudicating the revision are referred to hereunder: okazaki sekizai company limited, a japan based company, constituted one Mr. T. Kobayashi as their power of attorney and filed the suit against the defendant for recovery of a sum of Rs. 33,00,000/ -.

( 3 ) THE evidence in the case is commenced and one Mr. Bhaktavat salam is examined as P. W. 1 on behalf of the plaintiff-company and has also filed power of attorney while giving evidence. The evidence of the plaintiff is closed. The defendant's evidence is also closed. At that stage, the defendant made an application, la. No. Viii, seeking production of Mr. T. Kobayashi for the purpose of cross-examination. In the counter- statement filed by the plaintiff to la. No. Viii, it is averred that Mr. T. kobayashi is presently no way connected with their company and that the plaintiff is unaware of t

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