THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1623 OF 2006 ORDER: The petitioners-defendants filed this revision under Article 227 of the Constitution of India, inter alia, assailing the order dated 24.02.2006 in I.A.No.547 of 2006 in O.S.No.2 of 2005 on the file of the District Judge, Kurnool, in rejecting the application filed under Order XVIII Rule 4 and Section 151 of the Code of Civil Procedure, 1908, seeking to cross examine P.W.1 in the open Court by recalling the warrant issued to the Advocate Commissioner for recording the cross examination of P.W.1. Admittedly, the suit is one for partition, which has been contested on substantial grounds. That apart, several documents are sought to be placed reliance, which needs to be either explained or put to the relevant witnesses for the purpose of receiving necessary evidence thereof, which in turn necessarily calls for a comprehensive examination of the witnesses. It is not in the usual chief examination of the witnesses before a Commissioner, which virtually runs in the same lines as before a Court. Apart from giving finding, prima facie, it is in the claim made by the petitioner for the reasons mentioned in support of the application, this Court is of the view that such necessity can only be denied to the parties especially when it has not been asked for. In the circumstances, the Civil Revision Petition is allowed and the order dated 24.02.2006 in I.A.No.547 of 2006 is set aside. Consequently, I.A.No.547 of 2006 stands allowed and the Court below is directed to permit the petitioner to cross-examine P.W.1 in the open Court. No costs. _________________ (B.PRAKASH RAO, J) 17th June 2010 RRB