2012 (10) TMI 1253

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..... 381 of 2003 in the Court of the Principal Junior Civil Judge, Avanigadda, against the petitioner and respondents 2 to 4 for recovery of amount on the strength of a promissory note, said to have been executed by late Rama Mohana Rao, the father of the petitioner, The suit was decreed and after the decree became final, the 1st respondent filed EP No. 107 of 2007 against the petitioner and responde....

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....ein, as a witness in OS No. 60 of 2003 can be taken on record, as an exhibit in EP No. 107 of 2007 filed by the 1st respondent. 3. Section 33 of the Act deals with this aspect. The executing Court has extracted the provision and has undertaken discussion with reference to it. The evidence given by a witness in a judicial proceeding, is treated as relevant, for the purpose of proving the truth o....

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....earlier set of proceedings, heavy burden rested upon the 1st respondent to establish each of these facets. 4. In the instant case, what is sought to be marked is the deposition of the petitioner, in OS No. 60 of 2003. He is very much alive, and available to be examined and cross-examined. Therefore, the conditions incorporated in Section 33 of the Act, themselves bar the marking of the depositi....