THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.133 of 2010 ORDER: This revision is filed under Article 227 of the Constitution of India to revive the order dated 21.12.2009 passed by the Principal Junior Civil Judge, Avanigadda in dismissing I.A.No.1321 of 2009 in O.S.No.60 of 2007 filed to reopen the case for further cross- examination of P.W.2 on behalf of the petitioner/defendant. The respondents/plaintiffs filed the suit for recovery of money due under the promissory note. After closure of evidence of the plaintiffs, the petitioner filed his evidence in chief by way of affidavit and when the matter was posted for cross-examination to 20.11.2011, he was not available for cross-examination on the said date. Hence, the matter was adjourned to 23.11.2009. On that day also, the petitioner was not present despite the conditional order. Therefore, the lower Court eschewed the evidence in chief of the petitioner and closed his evidence. On the very next day, the petitioner filed an Interlocutory Application to set aside the order of eschewing evidence in chief, which was conditionally allowed on 27.11.2009 and posted for cross-examination of the petitioner on 03.12.2009. Thereafter, it was again adjourned to 10.12.2009. On the said date, the present I.A was filed stating that some more important points were not asked in the cross-examination of P.W.2 when he was examined, and therefore, it is highly essential for reopening the evidence of P.W.2 after recalling him. The lower Court, by the impugned order, dismissed the said I.A. Hence, this revision petition. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents. If really the petitioner intends to cross examine P.W.2 on certain points, immediately after the closure of the plaintiff’s evidence, he could have filed the present I.A to show his bona fides. But without making any such plea, he filed his affidavit in lieu of examination-in- chief, not co-operated with the disposal of the suit and protracted the same on one pretext or other as referred to above and filed the I.A, which lacks bona fides. In view of the same, the discretion exercised by the lower Court in dismissing the I.A does not suffer from any illegality warranting interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 11.02.2011 va