HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITON No.6010 of 2010 ORDER: The third defendant in O.S.No.1906 of 2003 on the file of the Principal Junior Civil Judge, Warangal, is the petitioner herein and he filed this Revision assailing the order, dated 05.10.2010, passed in I.A.No.1180 of 2010 in O.S.No.1906 of 2003, whereby the petition filed under Order XVIII Rule 17 C.P.C. seeking to recall D.W-3 for the purpose of further chief- examination was dismissed. Brief facts are that respondent No.1 instituted the said suit for the relief of permanent injunction. The petitioner herein was examined as D.W-1 and three more witnesses-D.Ws.2 to 4 were examined. At that stage, the petitioner stating that he could not ascertain certain aspects from D.W-3, filed the said application requesting the Court below to recall D.W-3 for further chief-examination. As stated supra the same was dismissed, which is under challenge in this Revision. This Court, while ordering notice before admission on 28.12.2010, granted interim stay of all further proceedings in the said suit and also permitted the learned counsel for the petitioner to take out personal notice to the respondents and file proof of service. Accordingly, the learned counsel for the petitioner took out notices to the respondents and filed the proof of service of notice on respondent No.1. Despite the service of notice, respondent No.1 has not chosen to put in her appearance. Heard learned counsel for the petitioner and perused the material papers on record. No doubt, the suit is an old suit of the year 2003. But, the defendants’ side evidence was started in the year 2009 and D.W-3 was examined on 27.07.2009 and thereafter, D.Ws.1 to 4 were also examined. Coming to know that certain crucial aspects could not be ascertained during the chief-examination of D.W-3, the present application was filed before the Court below on 20.07.2010 to recall D.W-3 for further chief- examination. As the trial in the said suit has commenced only in the year 2009 and the evidence of witnesses on behalf of the petitioner herein has not yet been closed, this Court is of the view that one more opportunity can be given to the petitioner herein to recall D.W-3 for the purpose of further chief- examination. Accordingly, the Civil Revision Petition is allowed and the impugned order is set aside and the Court below is directed to permit the petitioner herein to recall D.W-3 for the purpose of further chief-examination. When once D.W-3 is further examined in chief, it is needless to observe that respondent No.1 herein-plaintiff shall be given an opportunity to cross- examine him. There shall be no order as to costs. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 06th April 2011 DR