THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2052 OF 2011 01.07.2011 Between: Somarothu Jaggadora …Petitioner AND P.Narasinga Rao …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2052 OF 2011 ORDER: The petitioner is the defendant in O.S.No.136 of 2008 on the file of the Court of the Senior Civil Judge, Pithapuram. The respondent filed the suit for recovery of a sum of Rs.8,00,000/- based on promissory note dated 15.02.2007. The petitioner herein opposed the suit. During the trial, the respondent examined P.W.1 to P.W.4 – the promisee, the scribe, the attestor and another. The petitioner filed I.A.No.189 of 2011 under Order XVIII Rule 17 of Code of Civil Procedure, 1908 (CPC) to recall P.W.1 and P.W.2 for the purpose of cross-examination. He alleged that he had engaged the counsel from Visakhapatnam to appear for him in the suit, that on 24.01.2011 he could not present, that as the Court refused adjournment, the counsel at Pithapuram cross-examined P.W.1 and P.W.2 without proper preparation and therefore, the witness is to be recalled. By impugned order, dated 23.03.2011 the trial Court dismissed the application. Aggrieved by which, the present revision petition is filed. This Court heard the counsel for petitioner. After giving anxious consideration to the background facts and submissions made by the counsel, this Court does not find any merit in the civil revision petition. It is well settled that the power vested under Order XVIII Rule 17 of CPC is discretionary power to be exercised judiciously. The power, however, cannot be exercised to enable the party to the proceedings to fill up the gaps or lacuna in the evidence which is already let in. In this case, the petitioner precisely wants to do this. Admittedly P.W.1 and P.W.2 were cross-examined, and therefore, merely because they were cross-examined by the counsel without preparation is no ground to recall these witnesses to fill up the lacuna. The civil revision petition is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 01.07.2011 Pln