In Konda Reddy v. G. Venkata Swamy, unreported judgment in C. R. P. No. 4 of 1971, D/- 17-9-1971 (Andh Pra) the plaintiff filed an application for the grant of a temporary injunction under Order 39, Rule 1, C. P. C. The application was supported by the affidavits of the plaintiff and others. The defendant filed a counter requesting that the application for the temporary injunction may be dismissed. Along with the counter, he filed his own affidavit and the affidavits of four others. The plaintiff filed an application under Order 19, Rule 1, C. P. C. read with Rule 46 of the Civil Rules of Practice requesting the Court to direct the attendance of the four persons, who gave affidavits in favour of the defendant, so that he could cross-examine them. The Sixth Additional Judge allowed the application. The defendant thereupon filed the C. R. P. No. 4 of 1971. Dismissing the revision, Muktadar, J., observed :
"The lower Court has given its reasons before passing the order and has found that the desire of the petitioner for production of the witnesses for cross-examination is bona fide."
Again in B. Lakshmamma v. B. Yadgir Reddy unreported judgment in C. R. P. No. 1990 of 1975, D/- 2-11-1976, Madhava Rao, J., also held that the action of the trial Court in summoning the deponents for cross-examination in a proceeding under Order 39, Rule 1, C. P. C. is not illegal or beyond its powers.
12. Under the circumstances, therefore, the dismissal of the petitioner's application by the learned District Munsif on the ground that he has no jurisdiction at all to summon the deponents in a proceeding under Order 39, Rule 1, C. P. C . is erroneous and cannot be approved. The lower Court failed to exercise jurisdiction vested in it by not considering whether, under the circumstances of the case, it is necessary to summon the deponents as prayed for by the petitioner.
Citation : AIR 1981 AP 406
IN THE HIGH COURT OF ANDHRA PRADESH
C.R.P. No. 4261 of 1980
Decided On: 07.04.1981
C. Srinivasa Rao and Anr.Vs.K. Manohar Rao and Ors.
Hon'ble Judges: S. Madhusudan Rao, J.
