THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.4485 of 2009 Oral Judgment: This Civil Revision Petition is directed against the order dated 19.8.2009 in I.A. No. 1941 of 2009 in O.S. No. 68 of 2008 on the file of the Senior Civil Judge, Gadwal, Mahabobnagar District, whereby and whereunder the application filed by the petitioner under Order 18 Rule 16 of C.P.C. requesting the Court to direct the respondent herein to file examination-in-chief affidavit of the witnesses in advance so as to enable the petitioner to cross-examine all of them simultaneously, was rejected. The facts in brief are that the respondent herein has instituted the aforesaid suit for recovery of money on the foot of a promissory note and when the said suit was ripe for trial, the application in I.A. No.1941 of 2009 had been filed by the petitioner seeking to direct the respondent to file examination-in-chief affidavit of all his witnesses to enable him to cross- examine all of them simultaneously. As stated supra, the Court below, dismissed the said I.A., through the impugned order. Hence, the present revision. Heard. The respondent herein has already filed his list of witnesses and it is not known as to whether he is going to examine all the witnesses or give up some of them. In my considered view, the petitioner herein cannot request the Court to issue a direction to the respondent to file the chief affidavit of the witnesses whom he is going to examine on his behalf. As stated supra, it is the prerogative of the respondent. He may examine some of his witnesses and may give up other witnesses. In fact, as and when the respondent chooses to examine any witnesses, obviously, he files the affidavit in lieu of chief examination well in advance and it is always open for the petitioner herein to cross-examine the said witnesses on the basis of the contents put forth in the said affidavit. Hence, the Court below, in my considered view, was justified in rejecting the said application through the impugned order. I, therefore, do not find any reason to interfere with the said order. The revision petition fails and it is accordingly dismissed. No costs. _______________________________ (GOPALA KRISHNA TAMADA, J) 04.08.2010 pnb