HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.4036 of 2010 ORDER: This Civil Revision Petition is directed against the order, dated 16.06.2010, passed in E.A.No.128 of 2010 in E.P.No.107 of 2008 on the file of the II Additional Junior Civil Judge, Warangal, whereby the application filed under Order XVIII Rule 17 read with Section 151 C.P.C., praying to recall P.W-1 for the purpose of further cross-examination in the said E.P., was dismissed. The brief facts of the case are that the respondent herein filed the said suit and the same was decreed. Subsequently, the decree-holder filed the said E.P. for arrest of the petitioner herein-judgment debtor. In the said E.P., after the respondent herein-decree holder was examined as P.W-1 and cross-examined, the petitioner herein filed an application seeking to recall P.W-1 for the purpose of further cross-examination in the said E.P., and the same was dismissed by the Court below. As stated supra, the same is challenged in the present Civil Revision Petition. Heard both sides and perused the relevant material papers on record. Now, as the petitioner-judgment debtor has come forward stating that he is ready to deposit a part of the decretal amount, this Court is of the view that an opportunity may be given to him. Accordingly, the Civil Revision Petition is allowed and the impugned order is hereby set aside, on condition of the petitioner depositing a sum of Rs.30,000/- (Rupees Thirty thousand only) in the Court below within a period of six weeks from the date of receipt of a copy of this order. As and when the said amount is deposited, the Court below may re- open the E.P. and permit the petitioner to further cross- examine the plaintiff-decree holder. It is further made clear that the said amount so deposited by the petitioner herein can be withdrawn by the plaintiff-decree holder without furnishing any security. There shall be no order as to costs. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 28th March 2011 DR