THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5727 of 2010 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is filed by the defendant in O.S.No.449 of 2008. Respondent/plaintiff filed aforesaid suit for specific performance of the contract, and on her behalf, P.W.1 was examined. It is stated that when the matter was posted for cross-examination of P.W.1, at the first instance, the matter was passed over on the request of the petitioner/defendant. Again, when the matter was called, on the ground that the petitioner was not ready to cross-examine P.W.1, evidence of P.W.1 was closed. At that stage, the petitioner filed I.A.No.508 of 2010 to recall P.W.1 for cross- examination. The said I.A. was rejected by the Court below by the impugned order mainly on the ground that the petitioner is not diligent in prosecuting the matter. Hence, this Civil Revision Petition. Heard the learned counsel for the petitioner/defendant and the learned counsel appearing for the respondent/plaintiff. In the affidavit filed in support of I.A., it is categorically stated that the matter was represented and was passed over on the representation that the learned counsel was engaged in another Court. It is also stated that the matter was called for the second time and the evidence of P.W.1 was closed. The fact that the learned counsel was engaged in another Court is a sufficient cause shown by the petitioner for the purpose of allowing I.A.No.508 of 2010 to recall P.W.1 for cross- examination. As the suit is for specific performance and in view of the reasons stated in the affidavit filed in support of I.A., this Court is of the view that it is a fit case to give an opportunity to the petitioner to cross- examine P.W.1. For the aforesaid reasons, order under challenge, dated 12.08.2010, is set aside. Consequently, I.A.No.508 of 2010 stands allowed. However, it is made clear that the petitioner shall take steps to cross-examine P.W.1 without taking any further adjournment after P.W.1 is called for such purpose by the next date of hearing. Subject to the above, the Civil Revision Petition is allowed. No order as to costs. _______________________ R.SUBHASH REDDY, J 29th JANUARY, 2011. kvni