HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3311 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 25th June, 2009 in I.A. No. 127 of 2009 in O.S No.54 of 2005 on the file of the Senior Civil Judge, Kadiri whereby and whereunder the petition filed to summon the attestors and scribe of Ex.B1, gift deed said to have been executed by the plaintiff to prove the same, was dismissed. The petitioner is the defendant and the respondent is the plaintiff. The petitioner filed the aforesaid application under Order XVI Rule 3 read with Section 151 of C.P.C. seeking to issue summons to the scribe and attestors of gift deed, Ex.B1, to give evidence. While opposing the petition, the respondent filed counter stating that none of the witnesses sought to be examined by the petitioner would not come under the purview of Order XVI Rule 3 C.P.C. and there is no allegation that those witnesses refused to attend the Court to give evidence and that the petitioner filed the present application only with a view to prolong the litigation. The trial Court having heard the learned counsel for the parties and having perused the record, dismissed the application through the impugned order on the ground that no reasons have been assigned by the petitioner for summoning those witnesses. Hence, the present revision petition. The petitioner is only seeking to issue summons to those witnesses to speak about execution of Ex.B1. In view of the fact that the petitioner has taken a plea that the gift deed is executed by the respondent, it is for him to prove and establish the same by examining the parties to the document and therefore, he sought permission from the Court to issue summonses to the attestors and scribe of Ex.B1. So, the trial Court ought to have allowed the said petition as proper reasons are assigned by the petitioner. The witnesses sought to be summoned through process of Court are necessary to unfold the case of petitioner. Hence, the petition in so far as issuance of summons to Sri Gurramkonda Anwar Basha, attestor and Sri S. Janardhan Rao, scribe of Ex.B1, is allowed. The Civil Revision Petition is accordingly allowed in part. No costs. ______________ K.C. BHANU,J DATE: 15.11.2010 pnb