SAMBASIVA RAO NAIDU
K. Vamshi Krishna Rao – Appellant
Versus
K. Hari Prasad Rao – Respondent
ORDER :
These revision petitions have been filed under Article 227 of the Constitution of India, being aggrieved by the common Order dated 25.01.2022 passed in I.A.Nos.810 and 811 of 2021 in O.S.No.45 of 2021 by the learned XII Additional Chief Judge, City Civil Court, Secunderabad, whereunder, the petitioner/ defendant No.1 filed two application seeking to summon the witnesses, are dismissed.
2. Since two revision petitions filed against the common order and as the grounds under which the revision petitions are filed are one and the same and as the learned counsel appearing for both the parties advanced their respective arguments in both revisions as such, it is proposed to dispose of both the revisions under the common Order.
3. As can be seen from the impugned Order in the revision petitions, the petitioner/defendant No.1 filed interlocutory applications under Order XVIII, Rule 6 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’) seeking permission to examine Mrs.Maya Kishandas Sachdev, W/o late Kishandas Sewaram Sachdev, as a witness on his behalf out of turn i.e., even before the actual trial is commenced in O.S.No.45/2021.
4. In support of the petitio
Joseph John Peter Sandy v. Veromika Thomas Raj Kumar And Anr
Examination of witnesses – Court at any time after institution of suit can examine witness out of turn.
A witness must have personal knowledge of the facts to testify, and a son cannot testify in place of a parent but can provide evidence if knowledgeable.
Permission to examine a witness can be granted before or after examination, with careful consideration to avoid prejudice, as highlighted in various legal precedents.
Trial court must allow Advocate Commissioner to examine aged witness for proving Will via secondary evidence, ensuring fair defense opportunity.
A party who wants to appear as a witness in her own case, should so appear before any other witness on her behalf is examined, unless the court for reasons to be recorded, permits her to appear as he....
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