T.Durga Rao, v. Puvvada Sunitha,

THE HON'BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.2931 OF 2015

O R D E R

Heard the counsel for the petitioner at the stage of admission.

2. The petitioner is the plaintiff and he filed suit in O.S.No.194 of 2007 on the file of VIII Additional District and Sessions Judge, Vijayawada, Krishna District for recovery of amount based on promissory note against the defendants and on the estate of late Puvada Srinivasa, which is in the hands of the defendants. The defendants denied the claim of the plaintiff stating that late Puvada Srinivasa Rao never borrowed the amount. The plaintiff filed I.A.No.597/2014 in O.S.No.194/2007 stating that late Puvada Srinivasa Rao committed suicide since he was unable to discharge the debts and that he borrowed the amount from one Krishna Prasad and in the suit in O.S.No.1291/2007 filed by him for recovery, the 1st defendant filed a death note of her husband and now denying the same.

The plaintiff also sought to summon the branch managers of Andhra Bank, Saptagiri Bank and HDFC Bank, Vijayawada to prove the signatures of the husband of the 1st respondent, who was having accounts in the said banks. By the impugned order dated 8.6.2015, the trial court partly allowed the claim of the petitioner to summon only Krishna Prasad and the rest of the relief to summon branch managers was rejected. Aggrieved by the same, the present revision is filed.

3. From the material on record, as the plaintiff intended to examine Krishna Prasad, to prove the earlier litigation between him and late Puvada Srinivas Rao, the court allowed the to summon Krishna Prasad. With regard to the other relief of summoning Branch Manager, as rightly held by the court below, the purpose for summoning them is not specific. I do not find any reason to interfere with the impugned order and the revision is liable to be dismissed and accordingly dismissed. No costs.

4. Miscellaneous petitions pending if any shall stand closed. ---------------------------------- 24-07-2015

AVS