IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.6608 OF 2006 Between : Veppu Durga Rajani Kumari ...PETITIONER A N D Konduru Basava Poorna Sankara Rao and others…RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.6608 OF 2006 ORDER: Heard the learned counsel for the petitioner. Though served, none appears for the respondents. This revision petition under Article 227 of the Constitution of India is directed against the order dated 01.09.2006 in I.A. No.276 of 2006 in O.S.No.37 of 2002 on the file of the Additional Senior Civil Judge (Fast Track Court) Gudivada, whereunder and whereby the application filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, to recall D.W.1, was dismissed. Admittedly, O.S.No.37 of 2002 is filed by the petitioner herein for partition, which is being contested by the parties by raising several pleas. Subsequent to the commencement of the trial, and its closure thereof, the present application is filed. However, in view of the earlier round of litigation, the petitioner sought to examine DW-1 and hence, he sought to recall him. The Court below, after taking into consideration the chequered events, did not find favour and dismissed the application. Hence, the revision. Having heard the learned counsel for the petitioner and on perusal of the material available on record, especially taking into account the fact that the suit is of a comprehensive nature for partition, which has been contested by raising substantial questions, it is always felt desirable that an opportunity should be given to the parties to establish their case. It is now well established that the rules are meant to aid the parties but not to punish them. In view of the above, the Civil Revision Petition is allowed. No costs. _____________________ B.PRAKASH RAO, J JUNE 17, 2010 YVL/RRB