HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P. No. 2903 OF 2007 Thursday, the Eleventh day of November, Two Thousand and Ten Between Revu Babu Rao and others Petitioners AND The Visakhapatnam Urban Development Authority, Rep.by its Chairman, Siripuram Junction, Visakhapatnam and others Respondents ORAL ORDER: Heard learned counsel appearing for the respective parties. The petitioners are the plaintiffs who filed suit O.S. No.139 of 1998 for declaration and injunction. It is stated that the first plaintiff was examined as PW-1 and the wife of the deceased seventh plaintiff was examined as PW-2. The evidence affidavits of PWs. 3 and 4 are already filed. When the suit was posted on 11.6.2007 for cross- examination of PWs 3 and 4, whose chief affidavits were already filed, PW-3 did not appear on that date on the ground that he was suffering with viral fever and, therefore, he could not attend the court and offer himself for the cross examination. As such, the evidence on the plaintiffs’ side was closed and posted the matter to 14.06.2007 for defendants’ evidence. Therefore, the petitioners/plaintiffs filed I.A. No. 345 of 2007 on 14.06.2007 itself to reopen the matter for the purpose of adducing further evidence on behalf of the plaintiffs. The said petition was dismissed on 15.06.2007 only on the ground that no supporting document in proof of the contention that the PW-3 was sick, was filed. When no counter was filed and when the application was not opposed, I do not see any justification for the court below in dismissing the application. Accordingly, the impugned order is set aside and the Civil Revision Petition is allowed and consequently I.A. No. 345 of 2007 in OS No. 139 of 1998 stands allowed. PWs 3 and 4 shall appear on the next date of posting before the trial court and offer themselves for cross examination. No order as to costs. ___________________ Justice V.Eswaraiah November 11, 2010 Copy within two days //BO// MAS