THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.4900 of 2009 DATED: 06.11.2009 Between: Abdul Hameed. .. Petitioner. And M/s. Chalapathi Chit Fund (P) Ltd., Nellore, rep. by its Branch Manager-cum- Foreman, And others. .. Respondents. ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, is directed against an order dated 29.09.2009 passed in I.A.No.890 of 2008 in O.S.No.854 of 2006 on the file of the learned III Additional Junior Civil Judge, Nellore. Petitioner herein is the first defendant and the first respondent herein is the plaintiff in the suit being O.S.No.854 of 2006 filed for recovery of money on the basis of chit transaction. In the said suit, when the first defendant did not appear before the Court, in spite of service of notice, the suit was decreed ex parte on 18.09.2007. Thereupon, the plaintiff filed E.P.No.415 of 2008 on 12.06.2008, seeking execution of the ex parte decree dated 18.09.2007, by way of attachment of salaries of judgment-debtors 3 and 4, whereas the first defendant, at the first instance, filed I.A.No.890 of 2008, under Section 5 of the Limitation Act, to condone the delay of 573 days in filing a petition to set aside the ex parte decree passed on 18.09.2007 in the said suit, and the Court below, having considered the matter in detail, by order dated 01.09.2009 allowed the said petition, subject to deposit of 1/3rd of the suit amount into the Court on or before 29.09.2009. Thereafter, the first defendant came forward with a request that an amount of Rs.39,245/- has been deposited by way of attachment of salaries of the judgment debtors 3 and 4 in E.P.No.415 of 2008, and the same may be treated as part and parcel of the 1/3rd of the suit amount paid pursuant to the conditional order dated 01.09.2009, but the Court below, by the impugned order dated 29.09.2009, declined the said request and dismissed the present I.A. Aggrieved thereby, the present Civil Revision Petition is filed. Learned counsel for the petitioner submits that since 1/3rd of the suit amount was already recovered from the judgment debtors 3 and 4 in E.P.No.415 of 2008 filed pursuant to the ex parte decree dated 18.09.2007 passed in the suit, the Court below ought to have treated the same as the amount deposited pursuant to the conditional order dated 01.09.2009, and proceed with the petition filed for setting aside the ex parte decree in the suit. From a perusal of the impugned order, no doubt, some amount has been recovered from the judgment debtors 3 and 4, by way of attachment of their salaries in the E.P., but that itself does not absolve the petitioner, who remained ex parte in the suit, from complying with the order dated 01.09.2009 of the Court below. The Court below, having observed the matter in right perspective, dismissed the present I.A. by the impugned order dated 29.09.2009. However, at this stage, learned counsel for the petitioner fairly submitted that the petitioner is ready to deposit 1/3rd of the suit amount as directed by the Court below, if the petitioner is granted some time. In view of the time sought by the learned counsel for the petitioner to comply with the order dated 01.09.2009 of the Court below, the order dated 29.09.2009 is set aside, and the petitioner is granted time till 30.11.2009 to comply with the conditional order dated 01.09.2009. If the petitioner fails to comply with the conditional order by 30.11.2009, the order passed on 29.09.2009 shall stand restored. With the above directions, the Civil Revision Petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 06.11.2009 Note: Issue CC in five days B/o v v