APHC010299332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NOS: 1633 & 1634/2024 Between: Pnr Communication and Others ...PETITIONER(S) AND Deepak Nexgen Feeds Pvt Ltd ...RESPONDENT Counsel for the Petitioner(S): 1. V ROOPESH KUMAR REDDY Counsel for the Respondent: 1. HEMADRI V S S R R CHANDRAKANTH 2 The Court made the following common order: The petitioners are the defendants in the suit vide OS No.117 of 2022, on the file of VI Additional Civil Judge (Senior Division) Court, Vijayawada. It is the case of the petitioners that, the respondent/plaintiff filed suit for recovery of money on the basis of statement of account. The said suit was posted to 16.02.2024 for cross-examination of PW.1, and after being adjourned and on the said date, PW1 was cross-examined in part and for continuation it was posted to 27.02.2024 for further cross-examination of PW1. It is further case of the petitioners that, on the said date, the counsel for the petitioners/defendants could not attend the court due to ill health and did not cross- examine PW1. As a result, the trial court treated that further cross-examination of PW1 as nil and closed the evidence of plaintiff and posted for evidence of defendants. 2. It is further case of the petitioners that, they could not further cross-examine PW1 on 28.02.2024, therefore two applications vide IA Nos.211 & 212 of 2024 were filed seeking to reopen the suit for the purpose of recalling PW.1 for further cross-examination. 3 3. The respondents filed counter affidavit specifically stating that, on 28.02.2024, PW.1 was called present and was further cross-examined by the petitioners/defendants through their counsel, and cross-examination of PW1 was totally completed, while posting the matter for the defendants’ evidence to 13.03.2024. Upon hearing the said applications, the trial court by order dated 24.04.2024, dismissed the same, against which the present revisions are filed. 4. Heard learned counsel for the petitioners and learned counsel for the respondents. 5. Perused the material available on record. 6. It is the specific case of the petitioners that on 28.02.2024, their counsel could not be present before the Court due to ill health and therefore the trial court treated that further cross- examination of PW1 as nil and posted the matter for derfendents’ evidence. Per contra, it is contended by the respondents that on the said day PW1 was cross examined at length and the matter got posted for defendants’ evidence. During the course of hearing of the present revision petitions, the counsel for the respondents placed docket order dated 28.02.2024 and on 4 perusal of the same it is clear that, the petitioners/defendants further cross-examined PW1 by their counsel. From the above it is clear that, the petitioners/defendants filed the present applications as if PW1 was not cross examined on 28.02.2024. Therefore, the contention of the counsel for the petitioners herein that they did not cross-examine PW1 on 28.02.2024 cannot be countenanced, inasmuch as the docket order of the trial court speaks otherwise. 7. In view of the foregoing reasons, this Court does not find any illegality or infirmity in the impugned orders and accordingly the revision petitions are dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.26.06.2025 DSB 5 95 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP Nos.1633 & 1634 of 2024 Date 26.06.2025 U DSB