THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.2593 of 2023

ORDER:

This Civil Revision Petition is filed under Article 227 of Constitution of India assailing the order in I.A.No.336 of 2022 in O.S.No.84 of 2014, dated 21.07.2023 passed by the learned Senior Civil Judge at Nizamabad, wherein, the application filed under Order XVI Rule 6 of CPC came to be allowed.

2. Petitioners herein are the respondents-defendants and the respondent herein is the petitioner-plaintiff in I.A.No.336 of 2022 in O.S.No.84 of 2014.

3. Learned counsel for the petitioners submits that the Court below failed to consider the fact that the respondent-petitioner- plaintiff intentionally dragged the matter from the year 2014 and the suit was dismissed for default on 23.09.2019, restored on 24.01.2022 and thereafter, I.A.No.366 of 2022 came to be filed on 13.10.2022 which was ordered on 21.07.2023 to record the statements which is totally illegal and failed to consider the contentions of the petitioners-respondents-defendants. The Court below failed to see that the respondent-petitioner-plaintiff failed to submit the list of witnesses within fifteen (15) days from the date of framing the issue