THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 1792 OF 2014 Dated:01-08-2014 Between:
Y. Sudershan
... PETITIONER
AND
Smt. P. Pavani @ Parvathi Vardhanamma and another
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1792 OF 2014 ORDER:
The respondents filed O.S No. 805 of 2011 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad for the relief of declaration of title and for recovery of possession against the petitioner.
The trial of the suit commenced and PW 1 filed affidavit in lieu of chief examination. However, the petitioner was not coming forth to cross examine PW 1. The trial Court forfeited his right to cross examine, through order dated 25-03-2014.
The petitioner filed I.A No. 561 of 2014 under Order XVIII Rule 17 CPC, with a prayer to recall PW 1. It was pleaded that on 19-02-2014, the advocate of the petitioner was engaged in another Court and could not cross examine the witness. The trial Court dismissed the I.A through its order dated 25-03-2014. Hence, the revision.
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
A perusal of the order under revision discloses that the petitioner has virtually tested the patience of the trial Court. The witness was ready for cross examination from January 2014 onwards. Though three or more adjournments were granted and costs were imposed at one point of time, the petitioner did not evince interest. Strictly speaking, the C.R.P deserves to be dismissed. However, since the suit is the one for declaration of title and for recovery of possession, this Court is of the view that the petitioner can be given a last chance.
Hence, the C.R.P is allowed and the order under revision is set aside. I.A No. 561 of 2014 is allowed subject to the condition that if the petitioner fails to cross examine PW 1 on the next date of hearing, the C.R.P shall stand dismissed and the order under revision shall revive.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
01-08-2014
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