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A.VENKATESHWARA REDDY
T. S. Venkata Ramana S/o Late Sri. T. Dasaratha Ramayya – Appellant
Versus
T. Ravi Shanker S/o Late T. Dasaratha Ramayya – Respondent
ORDER :
1. Civil Revision Petition No. 1583 of 2021 is directed against the order dated 01.10.2021 in I.A. No. 422 of 2021 in O.S. No. 1172 of 2017 on the file of the learned VIII Additional District Judge, Ranga Reddy District at L.B. Nagar.
2. I.A. No. 422 of 2021 is filed under Order-XVIII, Rule-16 CPC seeking permission to examine the witnesses, Smt. Krishna Kumari and Smt. K. Ramadevi on behalf of the petitioner/plaintiff dispensing with the other procedure under Order-XVIII CPC.
3. Whereas, C.R.P. No. 1584 of 2021 is filed against the order dated 01.10.2021 in I.A. No. 435 of 2021 in O.S. No. 1172 of 2017 filed under Order-XXVI, Rule-1 read with Section 151 CPC seeking appointment of Advocate Commissioner to record the evidence of Smt. Krishna Kumari and Smt. K. Ramadevi and the cross-examination at their respective residences.
4. The Court below through the common order dated 01.10.2021 dismissed both the applications with an observation that the suit is posted for settlement of issues since the year 2018 and due to pandemic the case has been adjourned from time to time. Now, in view of the present situation the Courts are gradually started functioning normally in a full-fledged
Examination of witnesses – Court at any time after institution of suit can examine witness out of turn.
The court upheld the trial Court's discretion to appoint an advocate commissioner for recording evidence when a witness is unable to attend due to medical conditions, emphasizing justice over procedu....
The power to recall a witness under Order 18 Rule 17 is intended to clarify any issue or doubt, not for further examination or to place additional evidence. The power should be used sparingly and not....
The court emphasized that powers under Order 18, Rule 17 CPC cannot be used to fill omissions in previously recorded witness evidence, reaffirming its intended use for clarification only.
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