THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION No.1744 of 2022

ORDER:

This present Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order, dated 14.06.2022, passed in I.A.No.193 of 2022 in O.S.No.21 of 2011 by the learned Senior Civil Judge at Nirmal.

2.1. Petitioner is the plaintiff and respondents are the defendants in the suit vide O.S.No.21 of 2011.

2.2. Petitioner has filed I.A.No.193 of 2022 under Order XVIII Rule 17 r/w under Section 151 of Civil Procedure Code to recall the Dw1 for further cross examination on his behalf.

2.3. It is mentioned in the cause title of the Civil Revision Petition that respondent Nos.1, 3 to 19 are not necessary parties.

3. It is stated in the application in I.A.No.193 of 2022 that on 04.04.2022 a memo was filed by the petitioner-plaintiff for examining of defendant No.2 as Dw1 without there being any whisper of the evidence of defendant No.1. Since he filed a written statement on his behalf without deciding the said controversy the learned trial Court proceeded to complete the examination of Dw1 (chief examination and cross examination). It is further stated that from the beginning, the d