THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.481 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 23.12.2009, in I.A.No.181 of 2009 in Original Suit No.184 of 2008, on the file of the Additional Junior Civil Judge, Anantapur, whereunder and whereby, the petition, filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, to permit the petitioner/defendant to recall PW.1 for cross-examination, was dismissed on the ground that the amendment petition was dismissed. 2. Heard. 3. On 23.12.2009, I.A.No.180 of 2009 in O.S.No.184 of 2008 on the file of the Additional Junior Civil Judge, Anantapur, filed by the petitioner/defendant to permit him to amend the written statement as mentioned in the petition, was dismissed. That order has become final, because no revision has been filed against the said order of dismissal. 4. The present petition is filed to recall PW.1 for cross-examination by the petitioner/defendant’s counsel. The reason given by the petitioner in the trial Court is that due to non-availability of the counsel for the petitioner in the trial Court, PW.1 was not cross-examined and so, it is not a case of dragging on the matter by him. It seems that only on one occasion the counsel for the petitioner in the trial Court was not present. In view of the fact that right to cross-examine is a right conferred under law, the same cannot be denied, and the trial Court ought to have allowed the present petition. In view of the fact that PW.1 was not at all cross-examined by the counsel for the petitioner in the trial Court, one more opportunity can be given to the petitioner to cross- examine PW.1. 5. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order, dated 23.12.2009, in I.A.No.181 of 2009 in Original Suit No.184 of 2008, on the file of the Additional Junior Civil Judge, Anantapur. The trial Court shall fix a date to cross-examine PW.1 by the petitioner’s counsel. If the petitioner’s counsel fails to attend the Court on the date so fixed by the trial Court, it shall be deemed that the right to cross-examine PW.1 is waived. There shall be no order as to costs. _______________ K.C. BHANU, J November 08, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.481 OF 2010 Between: K. Abraham .....PETITIONER AND Smt. D. Kalavathamma ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.481 OF 2010 November 08, 2010