THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5681 of 2010 ORDER: This Civil Revision Petition is filed by the plaintiff in O.S.No.15 of 2005 on the file of II Additional Senior Civil Judge (FTC), Nellore, aggrieved by the order, dated 28.09.2010, in I.A.No.519 of 2010. The aforesaid suit is filed for specific performance of contract. The chief affidavit of P.W.3 was filed and as he was not present for cross-examination, his evidence was eschewed by order, dated 07.06.2010. The petitioner herein filed I.A.No.519 of 2010 seeking to restore the eschewed evidence of P.W.3 and to allow P.W.3 to write script for cross-examination purpose. The said I.A. was rejected mainly on the ground that when the earlier order, dated 07.06.2010, has become final, such application is not maintainable. I have gone through the affidavit filed in support of I.A.No.519 of 2010 and also the impugned order. The evidence of P.W.3 was already eschewed by order, dated 07.06.2010. The I.A. filed by the petitioner to restore the evidence of P.W.3 and to allow P.W.3 to write script for cross-examination purpose, was rightly dismissed by the Court below. In that view of the matter, I do not find any illegality, which warrants interference in the impugned order. The Civil Revision Petition is accordingly dismissed. However, the petitioner is advised to file appropriate application to set aside the order, dated 07.06.2010. If any such application is filed by the petitioner, the Court below is directed to consider the same independently without being influenced by any of the observations made in this order as well as the impugned order. No order as to costs. _______________________ R.SUBHASH REDDY, J 10th DECEMBER, 2010. kvni