THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

ORDER

1. The Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed by the XXVI Additional Chief Judge, City Civil Court, at Hyderabad in I.A.No.215 of 2019 in OS.No.382 of 2009, dated 06.12.2022.

2. Petitioner is the plaintiff and respondent is the defendant in OS.No.382 of 2009.

3. Petitioner has filed IA.No.215 of 2019 under Order 16 Rule 1 & 2 of Civil Procedure Code, 1908 (for short ‘CPC’) r/w Section 151 of CPC to summon Smt.P.Rajani, FSL Expert, Red Hills, Hyderabad as PW.3 to give evidence which is assailed in the CRP.

4. Learned Senior Counsel for the petitioner submits that the learned trial Court ought to have allowed I.A.No.215 of 2019 instead of dismissing the same and also failed to see that the petitioner-plaintiff has to prove the FSL report and mere marking of the document is not sufficient. The learned trial Court failed to see that the judgments of the Criminal Courts are not binding on the Civil Courts and that the petitioner-plaintiff is entitled to prove his case by adducing appropriate evidence. The respondent-defendant has denied the execution of Ex.A1 specifically in th