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2022 Supreme(Telangana) 482

CHILLAKUR SUMALATHA
Md. Sarwar (Died) – Appellant
Versus
Md. Chand Miya – Respondent


Advocates Appeared:
For the Petitioner: K.V. Bhanu Prasad.
For the Respondent: A. Vijay Saradhi.

ORDER :

1. Heard learned counsel for the petitioners. There is no representation for the respondent.

2. Challenge in this Civil Revision Petition is the order rendered by the Court of II Additional Senior Civil Judge, Warangal, in I.A.No.880 of 2018 in O.S.No.195 of 2011, dated 08.10.2018.

3. A thorough perusal of the record reveals that the plaintiff to the suit i.e. respondent herein filed an interlocutory application vide I.A.No.880 of 2018 under Order 18 Rule 17 read with Section 151 of C.P.C. seeking the Court to recall PWs.3 and 4 to get clarification regarding the typographical mistakes that were allegedly occurred in the depositions given by them. The respondents i.e. the revision petitioners herein resisted the said application on the ground that Order 18 Rule 17 C.P.C. does not empower recall of witnesses for correction of typographical mistakes and that the petitioner/plaintiff is trying to fill up the latches and lacunae in the evidence of those witnesses. While disposing of the said application, the learned Judge passed a single line order dated 08.10.2018, which is as under:

    “Heard both sides. In the circumstances the petition is allowed.”

4. As rightly projected by

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