G RAMU Vs. TOUFEEQ ALI MIRZA

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 20.1.2012, in IA No. 153 of 2011 in OS No.1595 of 2010, on the file of the learned IV Additional Rent Controller-cum-XVI Junior Civil Judge, City Civil Court, Hyderabad.

(2.) The respondent filed the above- mentioned suit for eviction of the petitioner. He has filed his chief-examination affidavit on 1.3.2011. As he was not made himself available for cross-examination, his evidence was eschewed by the lower Court by order, dated 27.4.2011. Evidently, on the same day, his General Power of Attorney filed his chief-examination affidavit as PW2. Subsequently, the respondent has returned from abroad and his General Power of Attorney was cross-examined on 2.11.2011. Immediately on the next day i.e. on 3.11.2011, the respondent filed IA No.153 of 2011 for setting aside the order, dated 27.4.2011, eschewing his evidence. This application was allowed by the lower Court by order, dated 20.1.2012. Assailing the said order, the petitioner filed the present civil revision petition.

(3.) Accordingly, the civil revision petition is allowed and the order under revision is set aside.