THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.6080 of 2009 11.02.2010 Between: Bollina Rama Krishna, S/o.Venkata Subba Rao …Petitioner and Kilaru Venkateswara Rao, S/o.Kilaru Narayya …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.6080 of 2009 ORDER: Petitioner is plaintiff. He filed the suit being O.S.No.1262 of 2006 for recovery of a sum of about Rs.77,000/- from the sole defendant. The suit is at the stage of trial. After examining himself as P.W.1, he filed affidavits of P.Ws.2 to 5 in lieu of their chief examination. On 18.3.2009, when they were absent for cross-examination, the Court below passed orders closing evidence on behalf of plaintiff and called upon defendant to produce evidence. Petitioner filed I.A.No.978 of 2009 immediately thereafter to recall P.Ws.2 to 5 for cross- examination. The same having been dismissed by the Court below, present civil revision petition is filed. This Court heard learned Counsel for petitioner/plaintiff and learned Counsel for respondent/defendant. The very fact that petitioner filed affidavits of P.Ws.2 to 5 in one go would show that he is inclined to prosecute the case properly. Therefore, so as to give one more opportunity to plaintiff, it is a fit case to recall P.Ws.2 to 5. However, as petitioner has taken inconsistent stand before the Court below as well as before this Court, he should be mulcted with costs. Accordingly, the civil revision petition is allowed with costs set at Rs.1,500/- (Rupees one thousand five hundred only) payable by petitioner to counsel appearing for respondent in this Court, within one week from today, in default of which, the order stands rescinded. The order dated 02.6.2009 in I.A.No.978 of 2009 passed by the Principal Junior Civil Judge, Eluru, is set aside and the said I.A. stands allowed recalling P.Ws.2 to 5. Petitioner/plaintiff may approach the Court below for next date of trial. ________________ (V.V.S.RAO, J) February 11, 2010. YS