THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3542 of 2009 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 24-06-2009, made in I.A.No.984 of 2008 in O.S.No.579 of 2004 on the file of the Principal Junior Civil Judge, Madanapalle, Chittoor District. The petitioner is the defendant and the respondent is the plaintiff in O.S.No.579 of 2004 filed for grant of permanent injunction. After the plaintiff’s evidence, the defendant was examined in chief and it was posted for his cross-examination on 01-02-2008 and later it was adjourned to 06-02-2008, 12-02-2008, 18-02-2008 and on 20-02- 2008, the defendant’s side evidence was closed and it was posted for arguments. On 21-02-2008, the defendant filed I.A.No.234 of 2008 and on the same day, the said I.A. was allowed and DW.1, who was present, also marked some documents and an Advocate- Commissioner was appointed to record cross-examination of DW.1 and it was adjourned to 16-06-2008. In the meanwhile, on 11-06-2008, the Advocate Commissioner returned the warrant and as such, the court has recorded that the cross-examination of DW.1 would be recorded in the open court. On 16-06-2008, the matter was adjourned on costs of Rs.100/- with a direction that the cross- examination of DW.1 would be recorded in the open court. Again, the matter was adjourned to 19-06-2008 and even on 19-06-2008, DW.1 was not present and a memo was filed seeking to adjourn the matter and the same was allowed on payment of costs of Rs.300/- with a direction that the defendant must proceed and co-operate with the court for cross-examination and in case, he did not turn up, his evidence would be closed and the suit was adjourned to 24-06-2008. Even on 24-06-208, DW.1 was absent and there was no representation and costs were not paid and, therefore, on that day, the court passed an order eschewing DW.1’s evidence and closed the defendant’s side evidence. Thereafter, the petitioner came up with an application in I.A.No.984 of 2008 under Section 151 CPC to reopen the defendant’s evidence and the trial court dismissed the said application vide its order, dated 24-06-2009. Aggrieved by the same, this Civil Revision petition has been filed. On perusal of the material available on record, I am of the opinion that the trial court has rightly dismissed the said application on the ground that the petitioner did not pay the costs and he was not available for cross-examination and, therefore, it was presumed that he has no interest to proceed with the matter and he is in the habit of delaying the matter. Further, the application filed by the petitioner in I.A.No.984 of 2008 under Section 151 CPC is not at all maintainable for reopening of the case, as his evidence in the chief examination was already eschewed for the reasons that he has not paid costs of Rs.300/- and he was not available for cross-examination on 24-06- 2008. Therefore, the only course open to the defendant is to file application to set aside the order, dated 24-06-2008, so as to enable him to pay costs as well as to make himself available for cross- examination. Without taking such recourse, filing I.A.No.984 of 2008 to reopen defendant’s side evidence is not maintainable. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to file appropriate applications before the court below, if he is so advised. If any such applications are filed, the trial court may consider and dispose of the same in accordance with law. There shall be no order as to costs. ___________ 23-10-2009 Prv