G. Balram v. Uppala Narsaiah

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 5 1 1 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioners aggrieved by the order dated 21.10.2019 passed in I.A.No.854 of 2019 in O.S.No.526 of 2010 by the X Additional Chief Judge, City Civil Court, Hyderabad, wherein the application to recall P.W.1 for further cross-examination, was dismissed.

2.

Heard learned counsel for the revision petitioners and perused the record.

3.

Learned counsel for the revision petitioners would contend that further cross-examination of P.W.1 is necessary and some material facts are required to be brought on record. The Court below erroneously dismissed the application and ultimately prayed to set aside the impugned order and allow the said I.A. as prayed for. 4.

As seen from the affidavit filed in support of the said I.A., no sustainable reasons were mentioned and simply stated that P.W.1 was required to be recalled for further cross-examination. The Original Suit was filed for damages. The Court below had dealt with the matter in detail and held that there are no satisfactory reasons to recall P.W.1 for further cross-examination. There is no infirmity or illegality in the impugned order. The Court below is justified in passing the impugned order. The revision petition is devoid of merit and is liable to be dismissed.

5.

In the result, the Civil Revision Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 31.10.2019 ssp