JUDGMENT:

Heard Sri M. Sri Atchyut, learned counsel for the petitioners.

This revision petition under Article 227 of the Constitution of India has been filed by the petitioners who are the defendants in O.S.No.267 of 2015 pending in the Court of VI Additional District Judge, Kakinada, challenging the impugned order dated 20.10.2023 passed in I.A.No.1092 of 2023 in O.S.No.267 of 2015 which was filed for recall of PW 1 for further cross-examination.

2. The said application was rejected by the learned trial Court on the ground that PW 1 was cross-examined by the petitioners/defendants. The PW-1 was also present on several occasions, but in spite thereof the defendants failed to cross-examine him. Consequently, the cross-examination of PW 1 was closed. Further, the petitioners, previously, also, filed I.A.No.37 of 2022 for the recall of PW 1, which was allowed by the trial Court and they further cross-examined PW 1. The case was posted for further evidence of plaintiff’s side. The present application was filed for recall of PW 1 again for further cross-examination. The trial Court has recorded that the petitioners are not diligent in pursuing their case and their conduct shows that they a