The Hon’ble Sri Justice R.Subhash Reddy Civil Revision Petition No.4419 of 2009 Order: This Civil Revision Petition under Article 227 of the Constitution of India is filed by defendant No.1 in O.S.No.291 of 2006 aggrieved by Order, dated 13-07-2009, passed by the learned V Additional Junior Civil Judge, Warangal, in I.A.No.451 of 2009 filed therein. The first respondent-M/s.Margadarshi Chit Fund Limited filed O.S.No.291 of 2006 for recovery of an amount of Rs.83,450/- with interest and the same was contested by the petitioner/defendant No.1 by filing written statement. On behalf of the first respondent/plaintiff, P.W.1 was examined and on the ground that in spite of giving several opportunities, petitioner/defendant No.1 failed to cross-examine P.W.1, his evidence was closed. Therefore, the petitioner/defendant No.1 filed the aforesaid application under Order XVIII Rule 17 read with 151 of CPC seeking to recall P.W.1 for cross- examination on the ground that he was suffering with viral fever and as such, he could not contact his Counsel to give necessary instructions to cross-examine P.W.1. The said application was dismissed. Hence, the present Civil Revision Petition. In this revision petition, it is the case of the petitioner/defendant No.1 that during pendency of the suit, an amount of Rs.65,000/- has already been paid and receipts were issued by mentioning the suit numbers and he filed the aforesaid interlocutory application to recall P.W.1 so as to confirm the payments made. It is submitted by Sri M.Srinivasa Rao, learned Counsel appearing for the petitioner/defendant No.1, that as the petitioner/defendant was not doing well, he could not attend the Court on the day when the suit was posted for cross-examination of P.W.1. It is further submitted that as the petitioner/defendant No.1 has made certain payments during pendency of the suit, if he is not given the opportunity to cross-examine P.W.1, he will be put to irreparable loss and injury. On the other hand, it is submitted by learned Counsel appearing for the first respondent/plaintiff that in spite of giving several opportunities, the petitioner/defendant No.1 did not utilize the same and when the matter is posted for arguments, the interlocutory application is filed only to drag on the proceedings. Although it is true that when the matter was posted for cross- examination of P.W.1, no attempt was made by the petitioner/defendant No.1 to cross-examine him, but, having regard to the pleas of the petitioner that he was suffering with viral fever at relevant point of time, and that certain payments were made during the pendency of the suit and the same are to be confirmed through P.W.1, I feel, it is evidently a fit case to give one more opportunity to the petitioner/defendant No.1. Therefore, this Revision Petition is allowed and the Order, dated 13-07-2009, passed by the learned V Additional Junior Civil Judge, Warangal, in I.A.No.455 of 2009 in O.S.No.291 of 2006, is set aside. Consequently, I.A.No.455 of 2009 stands allowed as prayed for. However, it is made clear that the petitioner shall take steps for cross- examination of P.W.1 whenever the suit is posted for evidence and no further adjournment in this regard shall be granted. No order as to costs. _________________ R.Subhash Reddy, J Dated 5th December, 2009 lur