Dismissed
Abdullah Bin Ahmed, v. Syed Chand
Telangana HCCRP/3587/2008
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SRI JUSTICE B.SESHASAYANA REDDY…
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SRI JUSTICE B.SESHASAYANA REDDY…
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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
C.R.P.M.P.No.6680 of 2009
AND
CIVIL REVISION PETITION No.3587 of 2008
COMMON ORDER:
The Civil Revision Petition is directed against the order dated 01.08.2008 in I.A.No.1312 of 2008 in I.A.No.1139 of 2008 in O.S.No.45 of 2008 on the file of the II Junior Civil Judge, City Civil Court, Hyderabad, whereby and whereunder the application filed by the petitioner under Order XIX Rule 2 of C.P.C., seeking permission to cross-examine the plaintiff on the averments made in the affidavit filed in I.A.No.1139 of 2008 in O.S.No.45 of 2008, was allowed.
Learned counsel for the respondent submits that the since witness who is sought to be summoned for cross-examination is no more, the Civil Revision Petition has become infructuous.
The factual aspect of the witness who is sought to be summoned for cross-examination appears to be not in dispute. When the very witness is not available for cross-examination, the order impugned in this Civil Revision Petition cannot be given effect to and, thereby, the Civil Revision Petition has become infructuous.
Accordingly, the C.R.P.M.P.No.6680 of 2009 is dismissed and the Civil Revision Petition is dismissed as infructuous.
B.SESHASAYANA REDDY,J
23.10.2009 v v
B.SESHASAYANA REDDY
As recorded by the court registry
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