CRP/5826/2009 of V.Rajya Lakshmi Vs M.Babu Rao on 31 December 2009

ORAL ORDER:

Assailing the order dated 30.9.2009 passed in I.A.No. 1761 of 2009 in O.S. No. 170 of 2007 by the learnedII Addl. Chief Judge, City Civil Court, Hyderabad,dismissing the petition filed under order XVIII CPC toreopen the evidence of the plaintiff – respondent herein, tocross examine him, the defendants filed this Civil RevisionPetition.

The petitioners herein filed the above interlocutoryapplication seeking to reopen the evidence of plaintiff examined as PW-1. The court below observed that sincethe respondent herein was not at all cross-examined andwith a view to afford an opportunity to cross-examine him,allowed the application on payment of costs of Rs.500/- tothe Bar Association, City Civil Court, Hyderabad and apartthe costs of Rs.500/- imposed earlier, which werehowever not paid, shall be paid to the respondent hereinbefore 14.10.2009. But, however, on 14.10.2009, as thecosts were not paid the application was dismissed fornon-compliance of the condition.

Aggrieved thereby, the present Civil Revisionpetition is filed by the defendants.

As can be seen from the order impugned, thoughthe prayer sought for by the petitioners was conditionallygranted, imposing costs on two occasions, the petitionersdid not comply with the conditions. Therefore, havingregard to the facts and circumstances and having regardto the fact that the suit is of the year 2007, the court belowis perfectly justified in dismissing the petition.Consequently, the Civil Revision Petition fails and isaccordingly dismissed. No order as to costs.

December 31, 2009MAS

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Justice T. Meena Kumari