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V. R. K. KRUPA SAGAR
Kuppili Veerachari – Appellant
Versus
Reddipalli Padmavathi – Respondent
ORDER
Defendants in O.S.No.598 of 2015 filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the order dated 24.09.2019 of learned XII Additional District Judge, Visakhapatnam in I.A.No.632 of 2019 in O.S.No.598 of 2015.
2. By the impugned order, the petition filed under Order XVI Rule 1(2) of Code of Civil Procedure (C.P.C.) to summon Railway Police Commissioner, Government Railway Police, Vijayawada with a direction to give evidence with regard to duty hours of Sri Reddipalli Govinda Rao, P.C.No.496 from 29.07.2014 to 31.07.2014 and produce the duty register/chart and other relevant documents filed by the present petitioners was dismissed by the learned trial Court.
3. To appreciate the contentions raised in this revision, the following facts are required to be noticed:
O.S.No.598 of 2015 is a suit for recovery of money filed by sole plaintiff as against two defendants based on a promissory note said to have been executed by the defendants on 30.07.2014 whereunder the defendants allegedly borrowed Rs.12,20,000/- and executed the said promissory note at Reddipalem Village. There was the evidence of PW.1/plaintiff PW.2 and PW.3 recorded in supp
Summoning of witness – For deciding real controversy between parties if summons to a witness is sought for, Court is required to accede to it.
The proposed evidence seeking to challenge the credibility of witnesses on a collateral fact was inadmissible under the law.
An appellate court lacks jurisdiction to summon witnesses or introduce additional evidence unless specific conditions under Order XLI Rule 27 of the CPC are met, which were not demonstrated in this c....
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
The court established that the trial court must take coercive steps to secure witness attendance when a party has fulfilled procedural obligations under Order 16 Rule 10 CPC.
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