HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO: 1989 of 2009 ORDER: The respondent filed O.S.No.82 of 1998 against the petitioner in the Court of Senior Civil Judge, Kadapa. The suit was decreed ex parte on 19/04/1999. Thereafter, the respondent filed E.P.No.2 of 2007 in the Court of Senior Divisional Judge, Rourkela. At this stage, the petitioner is said to have come to know about the decree. Thereupon, he filed an application under Order 9 Rule 13 CPC with a prayer to set aside the ex parte decree. Since there was delay of 3172 days in filing the application, he filed I.A.No.151 of 2008 under Section 5 of the Limitation Act. Through its order dated 03/03/2009, the trial Court allowed the IA on condition that the petitioner shall deposit half of the decretal amount. The petitioner feels aggrieved by the condition and filed this revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The petitioner is a resident of Rourkela and it is stated that substituted summons were taken up through publication in a Telugu daily. Obviously, that does not result in effective service of notice on a person, who does not know the language. Though the delay may appear to be enormous, the fact remains that the petitioner approached the trial Court as soon as he came to know about the decree. The trial Court wanted to safeguard the interests of both the parties and imposed the condition that half of the decretal amount shall be deposited. That would naturally cause burden to the petitioner. This Court is of the view that ends of justice would be met if the amount is reduced to 1/4th. Hence, the Civil Revision Petition is partly allowed reducing the amount to be deposited by the petitioner to 1/4th of the suit amount, within a period of six weeks from today. The amount deposited shall remain to the credit of the suit. If the petitioner deposited any amount by this time, it shall be taken into account. The trial Court shall make an endeavour to dispose of the suit within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 08th June, 2010 SKM