THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.6169 of 2009 ORDER: The respondent filed O.S.No.57 of 2007 in the Court of Junior Civil Judge, Pulivendula against the petitioner for recovery of certain amount, on the strength of a promissory note dated 12.04.2004. The trial of the suit started and it has proceeded to certain extent. At that stage, the petitioner filed I.A.No.372 of 2009 under Rule 4 of Order 16 C.P.C. with a prayer to summon an officer of the South Central Railways, under whom the respondent was working at the relevant point of time. His effort was to prove that as on 12.04.2004, the respondent was not at Pulivendula but was on duty at Hyderabad. The application was opposed by the respondent. Through its order, dated 29.10.2009, the trial Court dismissed I.A. Hence, this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The effort of the petitioner in filing I.A.No.372 of 2009 is to prove that the respondent was not at Pulivendula, where Ex.A.1, the promissory note was said to have been executed. The petitioner pleaded that he executed Ex.A.1 in the form of a fidelity bond but not promissory note. During the course of cross- examination, he admitted the execution of the promissory note. There would have been an occasion for the petitioner to summon the employer or the superior of the respondent, if only the latter subscribed his signature and the petitioner herein disputed the execution of Ex.A.1. Once the petitioner has admitted the execution of Ex.A.1, he cannot take the plea of alibi either for himself or vis-à-vis the respondent. Added to this, the respondent is not a signatory to that document. The trial Court has examined the matter from the correct perspective and this Court is not inclined to take a different view. The civil revision petition is accordingly dismissed. There shall be no order as to costs. __________ 12.04.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.6169 of 2009 Date: 12.04.2010