IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.2257 OF 2009 Between: Smt. S. Indira Devi ..... Revision Petitioner AND T. Sunil Kumar ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.2257 OF 2009 ORDER: 1. The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 01.05.2009, in I.A.No.2680 of 2008 in O.S.No.530 of 2006, on the file of the II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby a petition filed in I.A.No.2680 of 2008 in O.S.No.530 of 2006 under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, to recall P.W.1 for the purpose of cross-examination, was allowed. 2. Admittedly, the cross-examination of P.W.1 would go to show that it only runs five lines which was made by the learned counsel for the respondent/petitioner. Only formal questions were put to P.W.1, but P.W.1 was not at all cross-examined on material aspects which are raised in the written statement filed by the respondent/petitioner. Therefore, the cross-examination of P.W.1 cannot be said to be a cross-examination in the eye of law. That was the finding given by the trial Court in allowing the petition to recall P.W.1 for the purpose of cross-examination. Therefore, the trial Court rightly ordered for recalling P.W.1 for cross- examination. The order does not suffer from any infirmities so as to call for interference by this Court. Hence, the Civil Revision Petition is devoid of merit and is liable to be dismissed. 3. The learned counsel for the petitioner stated that P.W.1 was bed ridden and she was admitted in the hospital. In such a case, the learned counsel for the respondent can make an application to the trial Court to record her evidence through Advocate Commissioner by incurring expenditure by the respondent only. 4. In the result, the Civil Revision Petition is dismissed. In view of the fact that the suit is one of the oldest suits, the trial Court shall make an endeavour to dispose of the suit as expeditiously as possible. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 8th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.2257 OF 2009 8th September, 2010. KL