HON’BLE SRI JUSTICE B.CHANDRA KUMAR C.R.P.No.6040 of 2009 O R D E R: This revision is directed challenging the order dated 06.10.2009 in I.A.No.564 of 2009 in O.S.No.8207 of 2005 passed by the learned XIX Junior Civil Judge, City Civil Court, Hyderabad. The respondents herein filed I.A.No.564 of 2009 in the said suit and the 6th respondent herein (P.Chandra Sekhar) filed an affidavit in support of the said petition. The said petition was filed praying to receive the certified copy of the evidence of PW.1 in O.S.No.2273 of 2005 on the file of Senior Civil Judge, City Civil Court, Hyderabad. In the affidavit P.Chandra Sekhar stated that he was examined as D.W.1 and he was also cross examined at the time of his evidence. He could not file the evidence of plaintiff recorded in O.S.No.2273 of 2005 with regard to plot No.10, the suit schedule property in the present suit is plot No.11. It was contended that marking of evidence of PW.1 in O.S.No.2273 of 2005 is necessary to decide the merits of the case. From a perusal of the impugned order and other material placed on record, it is to be noticed that the person who was examined as PW.1 in O.S.No.2273 of 2005 on the file of Senior Civil Judge, City Civil Court, Hyderabad was not party to the proceedings in the said suit being O.S.No.2273 of 2005. Apart from this, the subject matter and the suit schedule properties in O.S.No.2273 of 2005 and the present suit are different. Further, in the judgment rendered by this Court in D.Narayana Reddy and others v M.Pulla Reddy and others[1], wherein it was held that the deposition of witnesses given in previous proceedings becomes irrelevant in the subsequent proceeding except the witness either dead or kept out of the way by the averse party or cannot be found or incapable of giving evidence or their presence cannot be obtained without any amount of delay or expense. Thus, the impugned order is liable to be set aside. Hence, the revision is allowed and the impugned order is set aside. The lower Court is directed to dispose of the matter within two months from the date of receipt of a copy of this order. No order as to costs. ______________________ B.CHANDRA KUMAR,J 20th April, 2011. PNV [1] 2007(2) ALD 401