THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P. No. 5199 OF 2010 O R D E R: On 31.12.2010, I directed the petitioner-plaintiff to deposit a sum of Rs.2,000/- to cover the expenses for examining D.Ws.2 and 3 and then alone, the issue of providing an opportunity to the petitioner can be considered. Learned counsel appearing for the petitioner submits that the amount of Rs.2,000/- has since been deposited with the Court below. Learned counsel appearing for the respondents- defendants is reluctant for ordering the Civil Revision Petition, as the petitioner herein has been provided number of opportunities for cross- examining D.Ws.3 and 4 and only when he failed to avail the same, the Court below was compelled to pass the order under revision. It is true that the Court below has recorded that D.W.3 was examined-in-chief on 05.08.2010 and the case was adjourned to 11.08.2010 for his cross-examination and on the said date, though the witness was present, the counsel for the plaintiff refused to proceed with the cross-examination and requested for time. In those set of circumstances, the Court forfeited the right of the plaintiff to cross- examine D.W.3. On the same day, an affidavit in lieu of chief- examination of D.W.4 was also filed. The matter was posted to 18.08.2010 for his cross-examination and D.W.4 was present on 18.08.2010 to subject himself for cross-examination, but however, neither the plaintiff nor the learned advocate for the plaintiff was present. Having waited for some time, the Court passed orders forfeiting the right to cross-examine D.W.4 by the plaintiff and posted the matter for 26.08.2010 for the defendants’ evidence. At that stage, the present Civil Revision Petition is filed. While it is true that a fair chance has been provided to the plaintiff to cross-examine D.Ws. 3 and 4 and only when such an opportunity has not been availed properly by the plaintiff, the Court was compelled to forfeit their right to cross-examine, but nonetheless, to sub-serve the ends of justice, I consider it appropriate to provide an opportunity for the plaintiff to cross-examine D.Ws.3 and 4. Since D.Ws.3 and 4 will have to be present for being cross-examined, I consider it appropriate to direct the matter to be listed on 21.04.2011, for cross-examining D.W.3 and on 28.04.2011, for cross-examining D.W.4. If cross-examination of D.W.3 is not attempted on 21.04.2011, the plaintiff-petitioner herein shall not be provided any further opportunity. In case the cross-examination is not complete on 21.04.2011, the cross-examination be continued on 28.04.2011. If D.W.4’s cross-examination is not complete on 28.04.2011, the Court may regulate the proceeding by adjourning the matter to the next day, if it is convenient to the Court or to any other day that will be convenient to the Court. The learned counsel for the petitioner-plaintiff will file a memo before the Court below, so that appropriate steps would be taken for issuing summons for the presence of D.Ws.3 and 4. Even otherwise, since the learned counsel for the respondents is not present, a request is made to the learned counsel to pass on the necessary instructions to the learned advocate appearing for the defendants in the suit, so that D.Ws.3 and 4 can be made available on the said respective dates. For any reason, including non-availability on the grounds of health of D.Ws.3 and 4, if they could not be present either on 21.04.2011 or 28.04.2011, the Court is at liberty to redraw the dates for their examination appropriately. The sum of Rs.2,000/- deposited by the plaintiff-petitioner herein, pursuant to the order passed on 31.12.2010, shall be paid to the defendants in the suit, so that the necessary expenditure for re- summoning D.Ws.3 and 4 will be met there from. With this, the Civil Revision Petition stands disposed of. No costs. Registry, to communicate a copy of this order through a special messenger before 15.04.2011, to the learned Special Judge for Trial of Offences under SC/ST (POA) Act, 1989 -cum- V Additional District & Sessions Judge, Medak at Sangareddy. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 11th April 2011 ksld