Daily Status
Special Courts for Trial and Disposal of Commercial Disputes, Andhra Pradesh
Case No : COS - 32/2021
Diary No : 3653605001572021
M/S. Siddhardha Constructions Pvt. Ltd VS General Manager
Listing Date : 29/04/2024
Date 29/04/2024   Court No. 1
Proceedings Summery I.A.No.364/2024 and I.A.No. 363/2024 are dismissed. Call on 10.06.2024. I.A.No. 363/2024: I.A.No. 364/2024 filed by the petitioners/ defendants to recall PW.1 is dismissed by this court vide order dated 29.04.2024. The present application is filed to re-open the evidence of PW.1. In view of the dismissal of I.A.No. 364/2024, the present petition is dismissed. I.A.No. 364/2024: contd.. The petitioners / defendants in their written statement neither pleaded that the letter was with the head office and further failed to give the description and the details of the said letter and also failed to file the said letter along with the present application in order to prove the bonafides. As per the judgments of the Hon’ble Apex Court, the basic purpose of order 18 rule 17 CPC is to enable the court to clarify any position or doubt and the court may, either suomoto or on request of any party, recall any witness at any stage and the power cannot be invoked to fill up the omission in the evidence already led by the witness. In the present case the petitioners/ defendants are intending to confront the letter which is not part of the pleadings or record and which is not produced till today and the petitioners / defendants cannot fill up the lacunae after closure of the evidence of the parties. Hence this court is not inclined to recall PW.1. In the result the petition is dismissed. Stage Of Case Call on