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. Learned Trial Court after going through the pleadings of the parties has passed an order on 24.07.2023 holding that PW1 to PW3 are already cross examined which is impugned in the present Civil Revision Petition.

6. PW1 is examined on 20.09.2022 and he was cross examined by the petitioner’s counsel on 13.12.2022. Affidavit of PW2 is filed on 01.02.2023 and the said witness is cross examined by the petitioner’s counsel on 01.02.2023. Affidavit of PW3 filed on 09.02.2023 and the said witness is cross examined by the petitioner’s counsel on 09.02.2023. Record goes to show that petitioner’s counsel has already cross-examined PW2 and PW3 at length, the reasons mentioned by the petitioner in the affidavit that he could not cross examined PW2 and PW3 is incorrect.

7. Learned Trial Court has stated in the order that the witness that is PW2 and PW3 are already cross examined. No justifiable reasons are mentioned by the petitioner in the affidavit and thereby dismissed the application.

8. This Court is of the view that the reasons assigned by the trial Court for dismissing the recall application to recall PW2 and PW3 are correct and does not require interference of this Court.

The Civil Revision Petition lacks merits and the same is liable to be dismissed and is accordingly dismissed.

9. In the result, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Interim orders stand vacated. Pending miscellaneous application/s, if any, shall stand closed.

______________________________ B.R.MADHUSUDHAN RAO, J

09.10.2025 Dua THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NO.3013 OF 2023

09.10.2025 Dua