THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NO.3013 OF 2023

ORDER:

1. The present Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order dated 24.07.2023 passed by the I Additional Senior Civil Judge at Kothagudem, in I.A.No.2 of 2023 in O.S.No.114 of 2019.

2. Petitioner is the defendant and respondent is the plaintiff in the suit.

3. Petitioner has filed I.A.No.2 of 2023 in O.S.NO.114 of 2019 under Order XVIII Rule 17 of CPC to recall PW2 and PW3. It is stated in the affidavit in paragraph No.2 that the suit is posted for petitioner’s evidence on 24.03.2023, earlier on 20.02.2023 PW1 evidence was closed and on 26.12.2023 the matter is posted for cross of PW2 and on 09.02.2023 the matter is posted for cross of PW3, but due to non availability of leave he could not appear before the Court and on 20.02.2023 the Court was pleased to close the matter and prayed to recall PW2 and PW3 for the purpose of cross examination in the said suit.

4. Respondent has filed his counter and contended that PW1 to PW3 are already cross examined by petitioner’s counsel, no reasons are assigned in the affidavit and prayed to dismiss the same.

5