JUDGMENT

G. Shyam Prasad, J. - This Revision Petition arises out of Docket order dated 24.01.2020 passed in I.A.No.183 of 2019 in O.S.No.64 of 2011 by the Senior Civil Judge, Narsipatnam, which is filed for partition by the respondent/plaintiff.

2. Heard arguments of learned counsel for the petitioners and the respondent.

3. The revision petitioners are the defendants in the Suit in O.S.No.64 of 2011. They have filed an Interlocutory application in I.A.No.183 of 2010 under Section 151 CPC seeking to set aside eschew orders passed against DW.4 on 22.11.2019. The witness DW.4 was examined on behalf of the defendants during trial. After filing of his affidavit, the matter was posted for his cross-examination. On the day of examination, the witness DW.4 was not present before the trial Court. Due to non-appearance of DW.4, the Court has passed an order to eschew the chief evidence affidavit of DW.4.

4. Aggrieved by the said order, the present revision is preferred, on the ground that, the witness DW.4, who is aged about 69 years and was suffering from fever and Jaundice as on the date of adjournment i.e., 27.11.2019 and he was bedridden and was under the treatment on the date of adjourn