HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. No. 2305 OF 2010 Friday, the Twenty Seventh day of August, Two Thousand and Ten Between Syed Afsar Ali Khan Petitioner AND Smt. Usha Bai Respondent ORAL ORDER: This Civil Revision Petition filed under Article 227 of the Constitution of India seeks to assail the docket order dated 7.5.2010 passed in O.S. No. 749 of 2008 by the learned I Junior Civil Judge, City Civil Court, Secunderabad, closing the defendants evidence and posting the suit for arguments on 31.5.2010. The case of the petitioner herein, who is defendant in the suit, is that he obtained summons to the proposed witness DW-3 and went personally to serve the same, but as he was not present, it could not be served and ultimately, the summons were sent through post, but the acknowledgement thereof was not returned served. Hence, his counsel filed Memo before the court below on 7.5.2010 and the court below recording the absence of the proposed witness had closed the evidence of the petitioner herein. Aggrieved thereby the present Civil Revision Petition is filed. It is submitted by the learned counsel for the petitioner that the petitioner herein is ready to approach the court below, but sufficient time was not given. In the facts and circumstances of the case, suffice it to direct the petitioner herein to get the summons served on the proposed witness on or before 30.9.2010. The petitioner herein shall approach the court below by filing evidence affidavit on the date on which the witness is ready for giving affidavit and the court below shall proceed with the evidence of the defendant. In the absence of the same, the impugned order becomes operative and the trial court is directed to proceed with the suit in accordance with law. With the above direction, the Civil Revision Petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari August 27, 2010 MAS