THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.4285 of 2008 DATED: 08.09.2009 Between: Lakkamaneni Venkata Krishnaiah. .. Petitioner. And Thelagalapalli Bathi Naidu. .. Respondent. ORDER: This civil revision petition, under Article 227 of the Constitution of India, is directed against an order dated 23.09.2008 passed in I.A.No.270 of 2008 in O.S.No.249 of 2004 by the learned Junior Civil Judge, Venkatagiri, Nellore District. Petitioner herein filed the suit O.S.No.249 of 2004 before the learned Junior Civil Judge, Venkatagiri, against the respondent herein, for recovery of money on the basis of a pronote. When the evidence on either side was closed and the suit is coming up for arguments, the petitioner filed the present I.A.No.270 of 2008 seeking to reopen the evidence on his side, so as to enable him to produce the scribe of suit pronote, who was examined as P.W.3, for cross-examination, as his affidavit in lieu of chief-examination was filed but he could not be cross-examined in view of his non-availability at the relevant point of time. Respondent resisted the same by filing a counter. The Court below, after a detailed consideration of the matter, dismissed the present petition, by the impugned order dated 23.09.2008. Heard the learned counsel on either side and perused the impugned order and other material made available on record. A thorough perusal of the impugned order indicates that the evidence of the scribe, who was examined as P.W.3 and whom the petitioner wanted to be cross-examined by reopening the evidence on his side, was eschewed from the record, in view of the failure of the petitioner to produce him for cross-examination at the relevant point of time. Thus, the question of providing an opportunity to the petitioner to produce the said scribe-P.W.3, whose evidence in chief is not at all in existence, for the purpose of cross-examination does not arise. The trial Court has rightly taken note of the same and, thus, dismissed the present petition. I am of the opinion that the Court below has not committed any error calling for interference of this Court under Article 227 of the Constitution of India. The civil revision petition is devoid of merits and is liable to be dismissed. Accordingly, the civil revision petition is dismissed. No costs. _____________ C.V.RAMULU,J 08.09.2009 v v