HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4614 OF 2009 ORDER: The petitioner-2nd defendant filed this revision under Article 227 of the Constitution of India seeking to revise the order dated 3.9.2009 passed by the I Additional Junior Civil Judge, Vijayawada, Krishna District, allowing I.A.No.571 of 2009 in O.S.No.866 of 2008 filed for recalling D.W.1 for the purpose of further cross-examination. The 2nd defendant was examined as D.W.1 in the suit and through him Ex.B5 was marked and after examining D.W.1, in lieu of chief-examination of the persons claimed to be the attestors have been filed. In view of the same, the plaintiff filed the impugned I.A. for recalling D.W.1 along with D.Ws.2 and 3 for the purpose of further cross-examination. The petitioner-2nd defendant opposed the said application stating that he already revealed the fact of execution of will dated 10.7.1979 in favour of the defendants by their father and the plaintiff has not denied the said will in the cross-examination and she did not file any petition questioning the said will. The Court below allowed the said application on payment of costs. Hence, the present revision. The order under revision is to recall D.W.1 for further cross- examination on Ex.B-5 will. On perusal of the order under revision, this Court is of the considered view that the trial Court has exercised its judicial discretion in allowing the impugned I.A. for the purpose of recalling D.W.1 for further cross-examination. While allowing the said application, the trial Court has also imposed costs of Rs.200/- to be paid by the respondent/ plaintiff to the defendants in the suit on or before 7.9.2009. I do not find any patent irregularity and illegality in the discretion exercised by the Court below in passing the order under revision. Hence, the revision petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _____________________ Justice A. Gopal Reddy Date:8th September, 2011 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4614 OF 2009 8.9.2011