HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3406 OF 2009 Dt.19th August,2009 K.Kodanda Ramaiah … Petitioner Vs. J.Venkateswarlu … Respondent HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3406 OF 2009 O R D E R: Heard the counsel. This Court ordered notice before admission. Sri K.V.Raghuveer, learned counsel entered appearance on behalf of the respondent. Sri K.Rathangapani Reddy, learned counsel representing the petitioner would maintain that the learned II Additional Junior Civil Judge, Kurnool ought to have seen that the petitioner/defendant had taken a specific plea that the alleged pronote is a forged document and also filed an application for sending the same to the Hand Writing Expert and, under these circumstances, eschewing the evidence would result in serious prejudice. The counsel also would maintain that the petitioner could not be present before the Court to subject himself to cross-examination only due to ill- health. The counsel also had further pointed out to the other grounds raised in the revision and would maintain that in the facts and circumstances, one more opportunity may be given. On the contrary, Sri Raghuveer, learned counsel would maintain that the petitioner is not interested at all and though conditional orders had been made twice, the witness had not appeared before the court. The Civil Revision Petition is filed as against an order made in I.A.No.626 of 2009 in O.S.No.1226 of 2007 on the file of the II Additional Junior Civil Judge, Kurnool. This is a matter concerned with the eschewing of the evidence. It is no doubt true that the conduct of the revision petitioner is not satisfactory. In fact, the learned Judge recorded certain reasons at para 7 and ultimately dismissed the application. However, eschewing evidence being a serious step, this Court is inclined to give one more opportunity. Let the witness be present before the Court on the date which may be fixed by the learned II Additional Judge, Civil Judge, Kurnool and in the event of the witness not turning up on the date fixed, the learned Judge is at liberty to pass appropriate orders in this regard. Subject to the said condition, the Civil Revision Petition is allowed. No order as to costs. _________________ P.S.NARAYANA,J 19th August, 2009. Note: Issue CC in two days. B/o PNV