KANDIKONDA PARAMDAMAM Vs. BASHA MOHIUDDIN

JUDGEMENT

(1.) THIS civil revision petition is filed against order, dated 25.2.2014, in IA No. 166 of 2014 in OS No. 103 of 2012, on the file of the learned Additional District Judge, Vikarabad, Ranga Reddy District. The petitioner, who is the defendant, has filed IA No. 166 of 2014 for re -calling PW 2 for further cross -examination. The said application was allowed by the lower Court on payment of costs of Rs. 500/ -. However, a very unreasonable condition was imposed by the lower Court to pay the said amount on that day itself. The lower Court has dismissed IA No. 166 of 2014 on the same day on the ground that the condition of payment of costs was not complied with. This approach of the lower Court in my opinion is wholly unconscionable. The lower Court has failed to act realistically in evidently assuming that the petitioner or his Counsel would have been possessing Rs. 500/ - at any given point of time. Such a quixotic approach by the Courts cannot be appreciated.

(2.) BE that as it may, this Court would have set aside the order of the lower Court and allowed the application filed by the petitioner. However, I am not inclined to grant the relief to the petitioner due to the fact that though the order was passed as far back as 25.2.2014, the petitioner has made an application for supply of certified copy nearly four weeks after the said order was passed and did not file a revision petition for more than three months after he has received the certified copy. Despite the fact that the trial was at an advanced stage, the petitioner failed to show any urgency and approached this Court at his leisure. This conduct on the part of the petitioner in unduly delaying in approaching this Court disentitles him to interference by this Court.