THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.3888 of 2010 (Dated : 15-07-2011) Between: S.Md.Habibullah ….…Petitioner. A n d Syed Abdul Nzeer ….…Respondent. THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.3888 of 2010 ORDER: This revision is directed against the order dated 16.7.2010 passed in I.A.No.394 of 2009 in O.S.No.251 of 2004 on the file of the Junior Civil Judge, Rajampet, whereby and whereunder the learned Junior Civil Judge dismissed the application filed by the petitioner/plaintiff under Order 18 Rule 17 CPC. 2. Notice before admission came to be ordered on 31.8.2010. Despite notice being served on the respondent, none appears on his behalf. 3. Heard learned counsel appearing for the petitioner and perused the affidavit filed in support of the petition. 4. The petitioner is the plaintiff and the respondent is the defendant in O.S.No.251 of 2004. When the case was coming up for cross- examination of D.W.1, the counsel for the petitioner/plaintiff reported no instructions on 03.7.2009 and consequently, the cross-examination of D.W.1 came to be reported as nil. The petitioner/plaintiff filed I.A.No.394 of 2009 before the trial Court to reopen the case enabling him to cross-examine D.W.1. The learned Junior Civil Judge dismissed the application by order dated 16.7.2010. Consequently, the application filed by the petitioner under Order 18 Rule 17 CPC ended in dismissal. The revision filed by the petitioner assailing the order dated 16.7.2010 is being allowed on this day by a separate order. Therefore, this revision also deserves to be allowed setting aside the order dated 16.7.2010 and consequently, D.W.1 is ordered to be recalled on compliance of the conditions imposed in CRP No.3692 of 2010. _____________________________ B. SESHASAYANA REDDY, J Date:15.7.2011. mrb