THE HONOURABLE SRI JUSTICE D.S.R.VARMA C.R.P.No.3514 of 2009 ORAL ORDER: Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent No.1 only, since the respondent Nos.2 to 8 are not necessary parties, as per the cause title, to the present Civil Revision Petition. 2. This Civil Revision Petition is directed against the order and decree, dated 17.03.2009, passed by the Senior Civil Judge, Nuzvid, allowing the application I.A.No.1382 of 2008 in O.S.No.37 of 2007, filed under Section 138 of Indian Evidence Act, seeking to issue orders deciding the admissibility of the evidence of P.W.1 to the extent “the registration extract of the suit O.S.No.30 of 1996 filed by Gopala Krishna Murthy (Ex.A-2) reveals that he filed the suit for partition of the joint family properties engaging the advocate Sri D.Delaram who is now appearing for 1st defendant he is fully aware of the facts.” 3. Petitioner is the plaintiff and the respondents are the defendants in the suit. 4. For the sake of convenience, in this order, the parties will be referred to as per their array in the suit. 5. I have perused the impugned order and also the portion of the chief-affidavit of P.W.1, which was sought to be deleted at the instance of the 1st defendant. 6. The statement attributing knowledge to an Advocate by name Sri D.Delaram was mentioned in the affidavit of P.W.1 to record her chief-examination is without the knowledge of the counsel. Such submissions ought not to have been encouraged to be made by the witnesses, while deposing in the Court. 7. I see no grounds to interfere with the impugned order, passed by the Court below. The parties are at liberty to litigate on all other material aspects as per law. 8. However, it is needless to mention that the document, which was sought to be marked as Ex.A-2, may be considered by the Court below for the purpose of marking without reference to the portion of attributing knowledge to Sri D.Delaram, Advocate. 9. With the above observations and directions, the Civil Revision Petition is disposed of, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 15th October 2009 DR