THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.143 OF 2010 ORDER: This civil revision petition is directed against the order dated 05.10.2009 in I.A.No.226 of 2009 in O.S.No.149 of 2002 passed by the Principal Senior Civil Judge, Tenali, Guntur District wherein the petition filed by the respondent / fourth defendant under Order XVIII Ru1e 17 C.P.C. and Section 151 C.P.C. to recall her for further chief examination to mark original Will was allowed. Petitioner is the plaintiff. He filed the suit in O.S. No. 149 of 2002 against the defendants for partition of the plaint schedule property. It is the case of the respondent/fourth defendant that she got the properties as per the Will dated 06.01.1976 executed by her grand father Yalavarthy Purushotham and that at the time of her evidence she did not file original Will as she could not find the same and the said Will is quite essential to decide the suit. Accordingly, she filed the above interlocutory application to recall her for further chief examination to mark the original Will. The said petition was allowed by the trial court. Hence, the civil revision petition is filed. Learned counsel for the petitioner contended that when the matter is posted for arguments this petition is filed by the fourth defendant at a belated stage only to protract the litigation. Heard. Order XVIII Rule 17 reads as follows: “The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.” In the circumstances, the court below has rightly exercised its discretion while allowing the petition. The above provision clearly postulates that at any stage of the suit, the Court may recall witnesses for further examination. This being the discretionary order, I see no reason to interfere with the impugned order. Therefore, the civil revision petition fails and it is accordingly dismissed. No costs. However, the trial court is directed to dispose of the suit expeditiously within a period of six months from the date of receipt of a copy of this order. GHULAM MOHAMMED,J 10.12.2010 lvl THE HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.143 OF 2010 Dt. 10.12.2010