MUSHAM SRINIVASULU SRINIVAS Vs. MARAM RAMACHANDRA REDDY

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/defendant, challenging the docket order, dated 09.01.2020, passed in I.A.No.1034 of 2019 in an un-registered Appeal Suit, by the Principal District Judge, Nalgonda, whereby, the petitioner/defendant was directed to deposit 50% of the decreetal amount on or before 24.02.2020 and to arrange two oxygen plants worth Rs.500/-, for condoning the delay of 451 days in filing the appeal, failing which, the said application stands dismissed without any further orders.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the petitioner/defendant would contend that the Court below erred in directing to deposit 50% of the decretal amount in an application filed under Section 5 of Limitation Act for condoning the delay of 451 days. The petitioner/defendant had filed medical record before the Court below and explained the delay in filing the appeal. The Court below accepted the cause/reason for not filing the appeal within the stipulated time, but however imposed a condition to deposit 50% of the decreetal amount on or before 24.02.2020 for condoning the delay, which is erroneous and contrary to law and ultimately prayed to set aside the impugned docket order and allow the Civil Revision Petition as prayed for.