Koneru Nagendra Prasad v. Bangi Prasad

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.745 OF 2015 ORDER :

The present C.R.P. is filed under Article 227 of the Constitution of India questioning the order dated 12.11.2014 passed in I.A. No.745 of 2014 in O.S. No.13 of 2011 on the file of the II Additional District Judge, Kurnool District at Adoni, wherein an application filed under Order 16 Rules 1 and 5 C.P.C. and Section 151 C.P.C. with a prayer to summon seven witnesses, was rejected.

A perusal of the impugned order and the material placed before the Court would show that though the petitioner herein wants to summon seven witnesses as mentioned in the schedule but no reasons are mentioned as to why and the purpose for which he wants to examine those seven witnesses. Merely saying that they are essential for deciding the case may not be sufficient. Atleast the relevancy of the witnesses and the purpose for which they are sought to be examined should have been mentioned in the petition.

In the absence of any such reasons explaining the relevancy of the witnesses, the trial court was justified in dismissing the petition and same needs no interference by this Court. However, the petitioner is at liberty to make a fresh application after showing the relevancy of the witnesses to the case on hand.

Accordingly, the Civil Revision Petition is dismissed. As a sequel to it, miscellaneous petitions pending if any in this C.R.P., shall stand closed. _____________________ C.PRAVEEN KUMAR,J Dt: 10.03.2015 GM