THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5903 OF 2010 Between: T.Annapoorna …Petitioner A n d A.Veerendra Babu ..Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5903 OF 2010 ORDER: This civil revision petition is directed against the order dated 02-12-2010 in O.P.No.75 of 2008, on the file of the Senior Civil Judge, Nizamabad, wherein the said docket order was passed on a memo permitting the respondent herein to file a fresh affidavit of chief- examination. 2. Heard both sides. Perused the records. 3. The petitioner herein is the wife of the respondent. The respondent filed O.P.No.75 of 2008 for grant of divorce. The petitioner filed a counter opposing the same. When the matter was coming up for enquiry, it is stated that the respondent filed affidavit-in-chief. When the matter was coming up for cross-examination, a memo was filed on 13-10-2009 not pressing the said affidavit-in-chief and seeking to file a fresh affidavit-in-chief. The said memo was opposed by the petitioner herein by filing a counter memo. The learned Senior Civil Judge passed the impugned order on the memo filed by the respondent. 4. The learned counsel for the petitioner would contend that the impugned order passed on the memo is unsustainable, as no petition is filed supported by an affidavit of the party setting out the circumstances under which the earlier chief affidavit was not pressed and the same was sought to be substituted by fresh chief affidavit. He would also contend that by filing a fresh affidavit-in- chief, the earlier chief affidavit, which is nothing but the evidence of the party in chief examination, cannot be taken off the record without going into the question as to whether or not the party is entitled to file fresh affidavit in substitution of the earlier chief affidavit. It is considered that the impugned order which is passed on a memo is wholly unsustainable as no application is filed supported by an affidavit setting out the reasons for filing a fresh affidavit- in-chief and not pressing the earlier chief affidavit. The impugned order is accordingly set aside. The respondent herein is at liberty to file a regular application supported by an affidavit in that regard and the petitioner is at liberty to file a counter opposing the same. On such application being filed, the trial Court, after giving opportunity of hearing to both sides, shall dispose of the same on its merits. 5. In the result, the civil revision petition is disposed of. Interim stay stands vacated. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 22nd March, 2010 Lrkm.