Saripalli Apparao, v. Smt. Muddamsetty Satyavathi,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION NO.6132 OF 2016 DATED:23-12-2016 Between:

Saripalli Apparao ... Petitioner And Smt. Muddamsetty Satyavathi and another ... Respondents COUNSEL FOR THE PETITIONER: Mr. K.B. Ramanna Dora COUNSEL FOR THE RESPONDENTS: - THE COURT MADE THE FOLLOWING:

CVNR, J CRP 6132/2016 ORDER:

This civil revision petition arises out of order dt.05.07.2016 in I.A. No.534 of 2016 in O.S. No.1681 of 2007 on the file of the VI Additional Senior Civil Judge, Visakhapatnam, whereby he has dismissed the said I.A. filed by the petitioner/plaintiff for recalling P.W.3 for re-examination. A perusal of the order of the lower Court shows that the petitioner failed to assign proper reason for recalling P.W.3 except pleading that a vital point needs clarification. Under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, power is conferred on the Court to recall any witness, who has been examined, at any stage of the suit and put such questions to him as it thinks fit. Though basically this power is conferred on the Court, the parties are also permitted to file appropriate applications for recalling witnesses provided proper reasons are assigned for such recall. As rightly observed by the lower Court, the petitioner failed to assign proper reason for recalling P.W.3. Hence, the lower Court has rightly dismissed the I.A.

For the aforementioned reasons, the civil revision petition is devoid of any merit and the same is accordingly dismissed. As a sequel to dismissal of the civil revision petition, C.R.P.M.P. No.8033 of 2016 shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 23-12-2016 bnr

CVNR, J CRP 6132/2016