THE HONOURABLE SRI JUSTICE N. TUKARAMJI CIVIL REVISION PETITION No.3889 of 2025

ORDER:

This Civil Revision Petition has been filed assailing the order dated 10.09.2025 passed in I.A. No. 215 of 2015 in O.S. No. 94 of 2016 on the file of the learned Senior Civil Judge, Huzurabad.

2. I have heard Mr. P. Rajgopal Reddy, learned counsel for the revision petitioner, and learned counsel for the respondent.

3.1. Briefly stated the relavent facts are that, the revision petitioner, who is the defendant in the suit, filed the present interlocutory application under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (for short, “CPC”) seeking permission to receive the certified copy of the deposition of PW.2 (plaintiff) recorded in another suit. The Court below, after hearing both sides, dismissed the petition, observing that the petitioner had failed to cross-examine PW.1 and that a prior petition filed to recall PW.1 for cross-examination had already been dismissed by the trial Court, which dismissal was confirmed by this Court in a revision petition and the present application was an attempt to circumvent the earlier judicial orders.

3.2. Relying on the decision of the Hon’ble Supreme Cour