THE HON’BLE SRI JUSTICE K.C.BHANU CRP NOS.1656 OF 2010 AND 895 AND 894 OF 2011 DATED: 03-03-2011. Between Pala Satyanarayaa … Petitioner-Defendant And M/s Ananda Aqua Exports Pvt. Ltd., (Feed Division), Bhimavaram, rep. by its Authorized Agent P.Satyanarayana Murthy. …Respondent-Plaintiff THE HON’BLE SRI JUSTICE K.C.BHANU CRP NOS.1656 OF 2010 AND 895 AND 894 OF 2011 COMMON ORDER: These revision are directed aggrieved by the common order, dated 23- 03-2010, in I.A.Nos.1760, 1761 and 1762 of 2009 in O.S.No.77 of 2006 respectively, on the file of the Senior Civil Judge, Bhimavaram, whereunder and whereby the applications filed to re-open the suit, to recall P.W.1 and to receive the documents which are the copies of credit bills said to have been issued by the plaintiff in favour of the defendant, were allowed. 2. Learned counsel for the petitioner contended that there was no plea in the plaint with regard to issuance of credit bills, that after entire evidence was closed and the matter was coming up for arguments, the present applications were filed to fill up the lacuna in the case of the plaintiff, that without there being any reasons, the trial Court allowed the applications and hence, he prays to set aside the same. 3. On the other hand, learned counsel appearing for the respondent contended that a plea has been taken with regard to petitioner purchasing feed from the respondent, that therefore, it can be inferred that necessary credit bills must have been issued to the defendant, that in view of the fact that the suit is based upon khata and the defendant used to purchase Aqua feed on credit from time to time, the plaintiff must have issued the bills, that when the credit bills have been disputed by the defendant, the plaintiff filed the present applications and the trial Court rightly allowed the applications and hence, there are no grounds to interfere with the same. 4. Order XVIII Rule 17 CPC empowers the Court to recall any witness at any stage of the suit who has already been examined. Unless and until law itself provides some serious consequences on account of lapse committed or gross negligence shown, the endeavour of the Court should be to ensure that all relevant and best available materials come on record, which can be effectively, finally and conclusively adjudicate the dispute between the parties. The suit is based upon khata whereunder the defendant is said to have been purchased Aqua feed from the plaintiff from time to time on credit. It seems credit transactions are reflected in he khata maintained by the plaintiff. Therefore, the plaintiff would not have issued Aqua feed by simply noting down the same in the khata. It is the case of the plaintiff that they are maintaining the accounts in the usual course of business. Such is the case, Aqua feed must have been supplied on the basis of bills. When those bills have been confronted to the defendant, he denied the same, which necessitated the plaintiff to file those bills. Therefore, sufficient cause is shown for not filing those bills in the earliest opportunity as the defendant is disputing about the bills for the first time when he has come to the witness box. Therefore, there is justifiable ground for not filing the documents at the earliest point of time. 5. It is contended by the learned counsel for the petitioner that there is no pleading in the plaint with regard to the credit bills. If the averments of the plaint are taken as a whole, it reveals that the defendant said to have purchased Aqua feed from time to time and therefore, on each occasion, the plaintiff must have issued the bill. The trial Court rightly allowed the applications and absolutely, there are no grounds to interfere with the same. 6. Accordingly, the Civil Revision Petitions are dismissed. Observations, if any, made in this order are only for the purpose of disposal of the present revisions. The admissibility and relevancy of the documents sought to be received is subject to objection that may be raised by the petitioner in the trial Court. No order as to costs. --------------------- K.C.BHANU, J DATED: 03-03-2011 Hsd