HON'BLE SRI JUSTICE P.NAVEEN RAO
CIVIL REVISION PETITION No. 1841 OF 2022
Date:26.08.2022
Between:
Dwaraka Pershad Chowdary,
S/o. Late Sri Ranganath Chowdhary,
Aged about 62 Years, Occ: Business,
R/o.H.No 14-1-301/1, Seetarampet,
Mangalhat, Hyderabad.
.....Petitioner
And
Sapna Goel, W/o.Subhash Goel,
Aged about 48 years, Occ: Household,
R/o.H.No.14-1-358, New Aghapura Colony,
Aghapura, Hyderabad, and others.
.....Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No. 1841 OF 2022 ORDER: (Per Hon'ble Sri Justice P.Naveen Rao) Heard Sri Pawan Kumar Agarwal, learned counsel for petitioner.
2. Petitioner is defendant No.1 in O.S.No.700 of 2014 in the file of the X Additional Chief Judge, City Civil Court, at Hyderabad. The suit underwent several adjournments to enable the petitioner to cross-examine PW.1. Similarly, the case was adjourned for cross-examination of PW.2 also. In spite of granting sufficient time, PW.1 and PW.2 were not cross-examined. The Court recorded the cross-examination of PW.1 and PW.2 as nil and the matter was reserved for judgment.
3. Petitioner (defendant No.1) filed I.A.No.930 of 2017 in O.S.No.700 of 2014 under Order 18 Rule 17 of Code of Civil Procedure (for short 'CPC') to recall PW.1 and PW.2 for the purpose of cross examination. Having considered the reasons assigned and having looked into the record of how the matter underwent several adjournments, the trial Court was not -3- inclined to accept the plea to recall PW.1 and PW.2 for cross examination and dismissed the said I.A., by order dated 27.08.2019.
4. The order dated 27.08.2019 is challenged now in this revision petition. In the affidavit filed in support of this revision petition and also in the affidavit filed in support of I.A.No.1 of 2022, no reasons are assigned as to why petitioner could not cross-examine PW.1 and PW.2 within the time granted by the trial Court. It is also seen that there are no averments as to why petitioner took three more years to challenge the order passed by the Court below in rejecting the application to recall PW.1 and PW.2 for cross-examination.
5. Petitioner cannot choose his own time and convenience to come to this Court and file a petition to set-aside the order passed by the trial Court dated 27.08.2019 which concerns recalling PW.1 and PW.2 for cross-examination. Therefore, I do not see any bonafides in prosecuting this litigation. I am also satisfied with the reasons assigned by the Court below in rejecting the application for recalling PW.1 and PW.2. Accordingly, the Civil Revision Petition is dismissed. -4-
Miscellaneous petitions, pending if any, shall stand closed.
__________________ P.NAVEEN RAO,J Date: 26.08.2022 PT -5- THE HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION NO.1841 of 2022 Date: 26.08.2022 PT