IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.1757 OF 2010 Between: Allamsetty Linga Murthy. --- Petitioner. AND Allamsetty Ravi Kumar. --- Respondent. The Court made the following: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.1757 OF 2010 ORDER: This Revision is directed against the order dated 02-03-2010, whereby E.A. No.19 of 2010 in E.P. No.134 of 2006, filed by the petitioner-judgment debtor, on the file of I Additional Senior Civil Judge, Warangal, to recall PW.1 for the purpose of cross-examination, was dismissed. Brief facts of the case are that the suit filed by the respondent for recovery of money was decreed ex parte and the decree has become final. When the respondent-decree holder filed E.P. No.134 of 2006 and he was examined as PW.1, as the judgment debtor i.e., the petitioner herein was absent, the evidence of PW.1 was closed. Coming to know of the said fact, the petitioner-judgment debtor filed E.A. No.19 of 2010 in E.P. No.134 of 2006 to recall P.W.1, and as stated supra, the application was dismissed. Hence, this revision. Heard the learned counsel for the petitioner Sri D. Venkat Reddy. As the reasons put forth by the counsel appearing for the petitioner and also in the affidavit filed in support of E.A. No.19 of 2010 to the effect that the counsel appearing for the petitioner herein in the court below, was engaged in some other court and he was not present when PW.1 was examined in chief. The said reason appears to be genuine. In those circumstances, this Court is of the view that an opportunity may be given to the petitioner to cross-examine PW.1. Accordingly, this Revision is allowed and the Court below may recall PW.1 and permit the petitioner to cross-examine him. It is made clear that for any reason, if the petitioner seeks adjournment on some pretext or the other, the learned I Additional Senior Civil Judge, Warangal, is at liberty to close the same and decide E.P.134 of 2006, on merits. Accordingly, this revision is allowed. No order as to costs. __________________________ GOPALA KRISHNA TAMADA, J. December, 03, 2010. DSH