HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION No.5171 of 2010 ORDER: The second defendant in O.S.No.97 of 2004 has filed this revision, under Article 227 of the Constitution of India, aggrieved by the order dated 11.08.2010 rejecting I.A.No.487 of 2010 filed under Order 16 Rules 14 to 16 read with Section 151 CPC seeking a direction to the first defendant in the suit to come to the witness box to tender evidence and submit for cross- examination, as a Court witness. That petition was rejected by the Court as impermissible. Learned Counsel for the petitioner now submits that as the petitioner desires to summon the first defendant as his own (2nd defendant’s) witness, he may be permitted to do so and the order of the Court below dated 11.08.2010 be set aside and I.A.No.487 of 2010 permitted to be withdrawn. In view of the circumstances and submissions made on behalf of the revision petitioner, the revision is disposed of at the admission stage. The order of the Learned Senior Civil Judge, Amalapuram dated 11.08.2010 is set aside and I.A.No.487 of 2010 in O.S.No.97 of 2004 dismissed as withdrawn. The petitioner-second defendant is however at liberty to file an interlocutory application afresh for summoning the first defendant in the suit O.S.No.97 of 2004 as his witness.On such an application being filed, the Court below may consider and dispose of the same in accordance with law. GODA RAGHURAM,J Date:24.12.2010 Note:Furnish copy by 27.12.2010 Bo usd