THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.209 of 2010 ORDER: The petitioner filed O.S.No.524 of 2007 in the Court of the II Additional Junior Civil Judge, Kurnool against the respondents for the relief of declaration of title and perpetual injunction in respect of the suit schedule property. Respondent No.1 filed a written statement and contested the suit. Respondent No.2 was set ex parte. The trial of the suit commenced and the petitioner filed her affidavit in lieu of the chief-examination. Thereafter, she did not turn up on good number of occasions. The trial Court passed an order, dated 31.07.2009, eschewing the affidavit filed by the petitioner in lieu of chief-examination and directing that further evidence on her behalf be adduced. The petitioner filed I.A.No.890 of 2009 under Section 151 C.P.C. with a prayer to permit her to file a fresh affidavit. For That, she wanted the order, dated 31.07.2009 be recalled. The application was opposed by respondent No.1. Through its order, dated 29.12.2009, the trial Court dismissed the I.A. Hence, this revision. Heard the learned counsel for the petitioner. Though respondent No.1 is served with notice, he has not entered appearance. Respondent No.2 remained ex parte in the trial Court. It is not in dispute that the petitioner remained absent on as many as ten occasions, after she filed the affidavit in lieu of the chief-examination. Costs were also levied once. Even that did not have any effect upon the petitioner. For all practical purposes, the trial Court was left with no alternative except to eschew the affidavit filed by the petitioner. Strictly speaking, no exception can be taken to the order under revision. The learned counsel for the petitioner submits that having regard to the stakes involved in the matter, the petitioner may be given an opportunity to proceed with the matter. The evidence of the plaintiff in a suit for declaration has its own significance. Without the evidence of the petitioner, the suit would get substantially weakened. Last opportunity can be given to her by imposing conditions. Therefore, the civil revision petition is allowed and the order under revision is set aside. I.A.No.890 of 2009 is allowed, subject to the conditions that: (i) on the date fixed by the trial Court, the petitioner shall pay a sum of Rs.1000/- (rupees one thousand only) to respondent No.1 towards costs; and (II) on the same day itself, she shall be available for cross-examination on the basis of the affidavit filed in lieu of the chief-examination on earlier occasion. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 16.12.2010. kdl