THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CIVIL REVISION PETITION No.3596 OF 2025

ORDER:

This Civil Revision Petition is filed against the order dated

05.08.2025 in I.A.No.5 of 2024 in O.S.No.379 of 2016 on the file of the I Additional Senior Civil Judge, Khammam.

2. O.S.No.379 of 2016 was filed by the plaintiff for recovery of money from the defendant. The petitioner herein is the defendant and the respondent is the plaintiff in the said suit. The respondent/plaintiff was examined as PW-1. The petitioner filed I.A.No.5 of 2024 in O.S.No.379 of 2016 before the I Additional Senior Civil Judge, Khammam, seeking recall of PW-1 for further cross examination on the ground that during the cross examination on 04.07.2023, the witness was confronted with one video clip, but he has refused to look at the same stating that he had an eye problem and intended to undergo eye surgery. Therefore, the said video could neither be denied nor confirmed by PW-1 and he himself stated that he could be recalled for examination after two months. Stating that the said two months period is over, the petitioner filed I.A.No.5 of 2024 on 24.09.2024. The respondent has opposed the same by filing a counter affidavit.

3. After hearing both the parties, the Trial Court has observed that the petition to recall PW-1 has been filed belatedly and that nothing prevented the petitioner/defendant from filing the said petition immediately after completion of cross examination and before the matter was posted for defendant’s evidence. Therefore, the petition was held to have been filed at a belated stage only to fill the gap/lacunae left by the petitioner and therefore, it is not permissible. The petition was accordingly dismissed. Challenging the same, the present Civil Revision Petition is filed.

4. Learned counsel for the petitioner submitted that the video clip was confronted to the witness during the cross examination recorded on 04.07.2023, but only due to the inability expressed by PW-1 on account of his eye problem, the said evidence could not be considered and therefore he has sought recall of the said witness for cross examination by way of I.A.No.5 of 2024. Learned counsel for the petitioner further submitted that recalling the witness for cross- examination is not an afterthought but it was due to the stand taken by the witness during his cross examination and therefore, the Trial Court erred in dismissing the petition. It is also submitted that the suit is now coming up for the defendant’s evidence and therefore, no prejudice would be caused to the respondent if he is recalled for cross examination.

5. In spite of service of notice on the respondent, there is no appearance on his behalf. Therefore, it appears that he has no objection to the prayer of the petitioner, though he had filed a counter affidavit in I.A.No.5 of 2024 before the Trial Court.

6. In view of the above submissions of learned counsel for the petitioner, this Court finds that the video clip was confronted to the witness during the cross examination recorded on 04.07.2023 and only due to the severe eye problem expressed by PW-1, the same could not be either confirmed or denied by him and he has sought adjournment until he undergoes surgery. The petitioner filed I.A.No.5 of 2024 after an year thereafter and therefore, it appears to be at a much later stage. However, since it is not an afterthought, but it was the stand taken on the earlier occasion, this Court is inclined to set aside order of the Trial Court. Accordingly, the order dated 05.08.2025 in I.A.No.5 of 2024 in O.S.No.379 of 2016 on the file of the I Additional Senior Civil Judge, Khammam, is set aside and is accordingly allowed.

7. With the above observations, the Civil Revision Petition is allowed. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall also stand dismissed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 24.11.2025 PRN