THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.3653 of 2010 ORDER: This Civil Revision Petition is filed against the order, dated 28-07-2010, passed in I.A.No.749 of 2010 in O.S.No.229 of 2004 by the Principal Senior Civil Judge, Tenali. Heard both the counsel. The petitioner herein is defendant No.1 in the suit in O.S.No.229 of 2004 filed by the 1st respondent herein for recovery of possession of the property and for mesne profits. In the said suit, the plaintiff’s side evidence is completed and DWs.1 and 2 were examined on 22-07-2010 and the matter was posted for further evidence on 27-07-2010. At that juncture, the plaintiff-1st respondent filed I.A.No.749 of 2010 under Section 151 CPC to recall DW.2 for further cross-examination on the ground that the relevant questions could not be put to DW.2 by the counsel for the plaintiff, though sufficient instructions were given and that some more questions are required to be put to DW.2 and particularly with regard to bind over undertaking document given in the police station. A counter was filed by the petitioner herein/1st defendant stating that the alleged undertaking said to have been given by DW.2 in the police station, even if true, has no relevancy to the facts of the case. Therefore, the application may be dismissed. But, the court below without adverting to any of the contentions, simply passed the impugned order stating as follows” “Counter is filed. Heard. Proceedings recorded. Petitioner wants to limit cross-examination to the bond to keep peace. Hence, the petitioner is to be given opportunity to recall DW.2 by confronting the document. The court below has not stated as to how the bind over document is relevant to resolve the controversy. Therefore, I am of the opinion that the impugned order is liable to be set aside. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order and the matter is remitted to the court below to consider and dispose of the matter afresh, in accordance with law, after hearing both sides. There shall be no order as to costs. __________ 27-08-2011 Prv