- (1.) The revision petitioners are respondents 1, 5 and 7 of I.A.No.543 of 2015 and defendants 1, 3 and 7 of the pending suit O.S.No.111 of 2008 on the file of Principal Senior Civil Judge, Ongole. The revision 1st respondent is the plaintiff/petitioner of I.A.No.543 of 2015, revision respondents 2 to 7 are defendants 2 to 4, 6, 8 and 9 and it is endorsed that respondents 4 to 7 of the revision, who are defendants 4, 6, 8 and 9 are not necessary parties and same was recorded, as they remained exparte before the trial Court vide docket order of this Court dated 08.08.2016.
(2.) The revision is maintained impugning the order dated 17.06.2015 allowing the application of the plaintiff/petitioner under Order XVI Rules 1 and 2 and Section 151 C.P.C. to summon the attestors of the so called unregistered will dated 11.10.2002 relied upon by the plaintiff in support of the suit claim during the evidence of the plaintiff and not before closure, the recourse is taken.
(3.) The affidavit averments in support of petition shows that plaintiff while leading his evidence, when wanted to exhibit the will, from the objection raised by the defendants and pursuant to the order of the Court to examine the attestors to prove the will and it is coming for their examination simultaneously with him to let in chief (might be for want of insisting corroboration for cross examination simultaneously by the defendants). The further averment from the affidavit is that, the attestors were when being asked by the plaintiff while saying to come, dodging for not chosen to come. It came to light that some of the defendants threatened said attestors and they are thereby dodging and hence they are required to be summoned through Court for adducing their evidence.;