Revision under Article 227 challenging rejection of witness commission. Court found trial court recorded finding that witness was healthy and able to attend, so no interference.
Civil revision petition No. 3183 of 2023 dismissed; pending miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE /
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
CIVIL REVISION PETITION NO: 3183 OF 2023
He* H Article 227 of the Constitution of India aggrieved by the order ?oui1 of t'h rM ■ I'^H ■ 2016 on the file of the Court of the Senior Civil Judge, Ramachandrapuram, East Godavari District
Between:
Bikkina Venkata Ramakrishna Chowdary (Died)
57 years, Occ: Housewife, R/O. 4-81, Vedurupaka.
(Respondent Nos.2 to 8 are not necessary parties)
...Respondents/Respondents/Defendant Nos.2 to 8
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed therewith, the High Court may be pleasedtostayofallfurther proceedings in O.S. No.329 of 2016 on the file of theHon'bleSeniorCivilJudge, Ramachandrapuram pending disposal of the main C.R.P.
Counsel for the Petitioner: Sri Venkateswarlu Sanisetty
Counsel for the Respondents 1 to 8: None Appeared
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CIVIL REVISION PETITION No. 3183 of 2023
JUDGMENT:
No representation for the petitioners.
RNT, J CRP No.3183 of2023
2
“1. Cases in which Court may issue commission to examine witness. Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from a:ttendingtheCourtor who is from sickness or infirmity unable to attend it: {Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.}
Explanation:- The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without calling the medical practitioner as a witness.” 7. The learned trial Court has recorded a categorical finding on the aspect of the witness being able to attend the Court. When the Court was not satisfied with the ground of sickness or infirmity so as to be unable to attend the Court, this Court does not find any reason to interfere with the said finding. Any document in the form of any medical certificate or otherwise has also not been annexed to the petition.
Judge.
Pending miscellaneous petitions. if any, shall stand closed in
consequence.
/
To.
//TRUE COPY//
SD/- K. SRINIVASA RAJU ASSISTANTr^R^GISTRAR SECTION OFFICER
/
ssb
HIGH COURT
DATED:15/12/2023
ORDER
CRP.No.3183 of 2023
DISMISSING THE C.R.P.
2 issues framed by the court
Whether the High Court should interfere with the trial court's rejection of an application for examination of a witness on commission.
Whether the absence of a valid medical certificate justifying the witness's inability to attend court warrants quashing the lower order.
2 provisions across 2 enactments
Reddy Uday Kumari
Bikkina Satyanarayana
Ravi Nath Tilhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
