THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.1693 OF 2013 Between:-
T.Srinivas Raj and others.
…Petitioners/petitioners/defendants.
And Nakka Kanaka Mallaiah (died per LRs.respondents 2 to 6) And others.
…Respondents/petitioners/Plaintiffs.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.1693 OF 2013 ORDER:
Heard the learned counsel appearing for the petitioners/defendants.
In the course of trial in O.S.No.1001 of 2002 on the file of the II Additional Junior Civil Judge, Warangal, Dw.3 was examined in chief and the matter was posted for cross examination of Dw.3 and on that day, he was absent. Thereafter, the learned trial Court closed the defendants’ evidence and posted the matter for arguments.
The defendants filed I.A.No.467 of 2013 to reopen the matter and recall Dw.3 for cross examination. The said petition was dismissed on the ground that five opportunities were given to the defendants to produce Dw.3.
In any event, the learned counsel appearing for the revision petitioners submits that Dw.3 is a crucial witness and without his evidence, it is highly difficult for the defendants to substantiate their version.
Considering the submissions made by the learned counsel appearing for the revision petitioners/defendants and also the fact that Dw.3 was constantly absent for cross examination, I am inclined to allow the petition by imposing some costs.
Consequently, the Civil Revision Petition is allowed on condition of the defendants paying costs of an amount of Rs.500/- (Rupees five hundred only) to the District Legal Services Authority, Warangal within a period of one month from the date of receipt of a copy of this order. After complying with the said condition, the learned trial Court is directed to reopen the evidence and afford an opportunity to the defendants to produce Dw.3 for cross examination. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 13-06-2014.
Note:-
Issue CC in three days. B/o Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.1693 OF 2013 Date: 13-06-2014 Shr.