B SAMBAIAH Vs. J NARAYANA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order of the I Additional Senior Civil Judge, Warangal made in I.A.No.840/2001 in O.S.No.4/1996 dated 08/10/2001.

(2.) The application filed by the petitioner under Order 9, Rule 13 Code of Civil Procedure to set aside the exparte decree dated 16/11/1999 is allowed by the learned Senior Civil Judge subject to the condition that the petitioner deposits the entire suit costs on or before 30/10/2001 or else the petition stands dismissed.

(3.) There was a delay of 346 days in filing the application under Order 9, Rule 13 CPC. The petitioner filed an application under Section 5 of the Indian Limitation Act in I.A.No.920/2000 to condone the delay of 346 days in filing the application under Order 9, Rule 13 C.P.C. to set aside the exparte decree. The Court below while allowing the said I.A.No.920/2000 condoned the delay of 346 days on a condition of depositing 1/4th of the decretal amount including the suit costs by the petitioner/defendant.