Nice X Plor Tech (India) Private Limited, v. M/S Nice Institute Of Dashion Technology, A Company,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.4348 of 2010 ORDER:

This Civil Revision Petition is filed against the order dated 19.07.2010 passed by the II Addl.Senior Civil Judge, Visakhapatnam in IA.No.205 of 2010 in IA.No.43 of 2009 in OS.No.13 of 2009, filed by the revision petitioner to examine himself in chief so as to mark the documents before taking up cross examination of the deponent/revision petitioner in IA.No.43/2009, which was dismissed by the Court below. Heard both sides.

When the revision petitioner filed application in IA.No.43/2009 along with relevant documents to implead himself as respondent, the respondent/plaintiff filed application in IA.No.83/2009 to cross examine the deponent/revision petitioner and that the same was dismissed by the Court below. Then the respondent/plaintiff preferred a revision in CRP.No.646/2009 and this Court allowed the said CRP and permitted the respondent/plaintiff to cross-examine the deponent in IA.No.43/2009. But, in the affidavit of the deponent in IA.No.43/2009, there is no mention about the documents sought to be marked. Further, this Court in CRP.No.646/2009, did not mention that an opportunity is to be given to the deponent in IA.No.43/2009 to adduce chief evidence so as to mark the documents. The

Court below also found that the provisions of Order 19 of CPC does not contemplate recording of chief examination; and that the prayer of the petitioner is misconceived. No infirmity is brought to my notice in the order under revision, as rightly contended by the counsel for respondents, I do not find any reason to entertain the CRP.

Accordingly, the CRP is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 31.08.2017 tk