THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PEITITON No. 5507 OF 2009 Dated 27th November, 2009 Between: Sri Boddeda Raja Rao and two others ………Petitioners And Sri Tadi Satya Ramalinga Reddy and another ………..Respondents Counsel for the petitioner : Sri M. Ravindra Babu The Court made the following ORDER: This civil revision petition is filed against order dated 06-04- 2009 in I.A No. 94 of 2009 in O.S No. 62 of 2005 on the file of the learned Senior Civil Judge, Gajuwaka, whereby the said application filed by the petitioners to recall PW 1 for further cross examination has been dismissed. The petitioners are defendants 1 to 3 in the civil suit, which was filed by the respondent - plaintiff for eviction of the petitioners. The trial was commenced, the issues were framed on 24-10-2006 and after several adjournments, the affidavit in chief was filed by the plaintiff on 03-11-2008. On 04-12-2008, PW 1 was cross examined in part and on 10-12-2008, the cross examination of PW 1 was completed and the matter was posted to 15-12-2008 for further evidence. On 06-01-2009, the petitioners field the I.A to recall PW 1 for further cross examination. However, during the pendency of the said application, PWs 2 and 3 were cross examined on 02-02- 2009. The Court below dismissed the application filed by the petitioners on the ground that the reasons for recalling PW 1 for further cross examination are not germane and that the plaintiff’s side evidence was already closed. In my considered view, the application filed by the petitioners for recalling PW 1 appears to be quite unnecessary because the initial burden is on the plaintiff to prove his case. If there is any lacuna in the case of the plaintiff, it is always open to the petitioners – defendants to rely upon the same in order to non-suit the plaintiff. Therefore, I do not find any justification in recalling PW 1 for further cross examination. The revision is accordingly dismissed. As a sequel to dismissal of the revision petition, CRPMP No. 7520 of 2009, filed by the petitioners for interim relief, is also dismissed. C.V. NAGARJUNA REDDY, J Dated: 27th November, 2009 ks