HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1571 of 2006 Dated 6-8-2010 Between: Kondamuri Venkateswara Rao. …Petitioner. And: Pakalapati Gangabhavani. …Respondent. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1571 of 2006 ORDER: Heard the learned counsel for the petitioner. Nobody appears for the respondent. This Court has recorded on 23-3-2007 that notice deemed to have been served. However, when I heard the learned counsel for the petitioner on 15-7-2010, I permitted the petitioner’s counsel to take out notice again as the earlier notice had come back with the endorsement “Addressee not known”. Learned counsel accordingly has taken out notice to the respondent as well as his counsel appearing in the Court below. A memo of proof of service is now filed stating that notice has been served on the counsel vide U.S.R. No.974 of 2010 which was filed on 2-8-2010. The order impugned is passed by the court below on 15-2- 2006 refusing to permit the petitioner’s counsel to cross- examine P.W.1 by overruling the request of the petitioner’s counsel that in the absence of the suit pronote, which was sent to the expert, he is not in a position to cross-examine P.W.1. The Court below therefore, closed the evidence of P.W.1 by recording that there is no cross examination. That order is questioned in this revision and there is interim stay of further proceedings operating in the matter since 9.6.2006. In view of the fact that about 5 years have passed and that the pronote which was sent for expert examination must have definitely come back to the Court below along with the opinion of the expert, I am of the opinion that in a suit based on pronote, when the original pronote being not on record and available for cross examination, the petitioner’s counsel cannot be expected to cross examine P.W.1. The Court below was, therefore, not right in refusing the said request of the petitioner’s counsel and closing the evidence of P.W.1 on that ground. Impugned order therefore, is set aside. The Court below shall permit the petitioner’s counsel to cross-examine P.W.1 based on the suit pronote and shall proceed with the trial and complete the same expeditiously and in any case before December, 2010. Accordingly, this Civil Revision Petition is allowed. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 6-8-2010. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1571 of 2006 Dated 6-8-2010