THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4379 of 2009 Dated:06.08.2010 Between: Bodapati Veera Raghavulu, And another. ….Petitioners And Gade Satyanarayana. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4379 of 2009 ORDER: The petitioners are defendant Nos.1 and 2 in O.S.No.175 of 2004 on the file of the Court of the Senior Civil Judge, Narsapuram. They filed an application, being I.A.No.448 of 2009, under Order XVI Rule 14 read with Section 151 of the Code of Civil Procedure, 1908, to summon Smt.Gade Ratna Manikyam, the wife of the respondent (plaintiff). The petitioners are also defendants in O.S.No.111 of 2007 filed by Smt.Gade Ratna Manikyam, and both the suits are being tried together. The respondent herein deposed as P.W.1 in O.S.No.175 of 2004 in which evidence is being recorded. The case of the petitioners is that the suit promissory notes are fabricated, and the truth will be extracted if Smt.Gade Ratna Manikyam herself comes to the witness box. The Court below having considered the rival submissions, came to the conclusion that under Section 120 of the Indian Evidence Act, 1872, P.W.1 is competent to depose on behalf of his wife as well, and dismissed the application. Further, when both the suits are being tried Smt.Gade Ratna Manikyam, who is the plaintiff in O.S.No.111 of 2007 is not a stranger at all, and defendants can always take advantage of her non examination in the said suit. The Civil Revision Petition is misconceived, and the same is accordingly dismissed. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 06.08.2010 vs