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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Narne Estates Pvt Ltd – Appellant
Versus
N.Gopal Naidu and 4 Others – Respondent
| Table of Content |
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| 1. petitions filed against orders from lower court. (Para 1009) |
ORDER :
G. RADHA RANI, J.
C.R.P.No.1009 of 2023 is filed by the petitioner - plaintiff aggrieved by the order dated 04.07.2022 passed in I.A.No.106 of 2022 in O.S.No.8 of 2010 by the learned Principal District Judge, Bhongir.
2. C.R.P.No.1018 of 2023 is filed by the petitioner - plaintiff aggrieved by the order dated 04.07.2022 passed in I.A.No.105 of 2022 in O.S.No.8 of 2010 by the learned Principal District Judge, Bhongir.
3. A common order was passed in both the I.A.s.
4. I.A.No.105 of 2022 is filed under Section 151 of CPC to re-open the case of the petitioner - plaintiff and I.A.No.106 of 2022 is filed under Order XVI Rule 2 read with Section 151 of CPC to summon the defendant No.1 to subject himself for cross-examination by the petitioner - plaintiff.
5. The Assistant Manager of the petitioner - plaintiff filed an affidavit in support of both the petitions stating that he was working as Assistant Manager in Lands Department in plaintiff company, by name, Narne Estates. O.S.Nos.8 and 33 of 2010 were clubbed together and a joint trial was conducted in O.S.No.8 of 2010. The case was at the stage of argument
A party can summon an opposite party for cross-examination under CPC, and adverse inferences may be drawn if a party fails to testify, reinforcing the necessity of cross-examination.
A party to a suit cannot compel the opponent to testify on their behalf as a matter of right; the trial court has discretion to allow such summons based on the necessity and context of the case.
Summoning a defendant as the plaintiff's witness is discouraged and should occur only in exceptional circumstances; the plaintiff must bear the burden of proof.
Parties in a civil suit can be summoned as witnesses under the CPC, but compelling testimony without sufficient cause violates procedural norms.
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
A party cannot summon a witness for cross-examination without prior examination-in-chief; persistent frivolous applications to delay proceedings are deemed an abuse of process.
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