THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P. No. 4674 of 2009 ORDER: This civil revision petition is filed aggrieved by the order dated 22nd July 2009, made in IA No.177 of 2009 in O S No. 1784 of 2003 on the file of VIII Addl. Senior Civil Judge(FTC), City Civil Court, Hyderabad, wherein the request of the petitioner to recall PW1 for further cross examination was negatived, The revision petitioners filed the above I.A under Order XVIII Rule 17 CPC to recall PW1 for further cross examination on the ground that when the matter was posted on 24-2-2009 for further cross examination of PW1, as the senior counsel on record underwent knee operation, he did not attend the court and that though the junior counsel came to court after attending a matter in High Court, he was informed that the matter was called and further cross examination was forfeited. It is also their case that non-presence of his senior counsel is neither intentional nor wanton and if PW1 is not recalled for further cross examination they will be put to irreparable loss which cannot be compensated. The respondents therein resisted the application by filing a counter. The court below after considering the material dismissed the petition. Hence, present civil revision petition. Record reveals that when the matter was called on 18- 12-2009 no representation is made either by the counsel or by the respondent. Again when the matter was called on 1-2-2010, 5-3- 2010, 19-3-2010, 26-3-2010, 31-3-2010 and on 12-4-2010 respectively, none represented the respondent to contest the matter and therefore it was finally posted to to-day 15-4-2010. Again when the matter is called on to-day, none represented the respondent. The order under revision reveals that the court below forfeited the opportunity of further cross-examination of P.W.1 for want of the presence of counsel for petitioners therein. From the above, it is clear that for the absence of counsel the party should not suffer. In view of the above, I feel it appropriate to give an opportunity to the petitioners to further cross examine PW1 in the matter. Under the above circumstances this civil revision petition is allowed and the dismissal order dated 22-7-2009 made in I.A.No. 177 of 2009 in OS No.1784 of 2003 on the file of VIII Addl. Senior Civil Judge, CCC, Hyderabad is set aside and consequently the same is allowed. ____________ 15-04-2010 kvrk THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P. No. 4674 of 2009 15th April 2010