HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P. No. 2467 OF 2008 Friday, the Twelfth day of November, Two Thousand and Ten Between Y. Shankar Rao Petitioner AND B.Simhachalam Respondent ORAL ORDER: The petitioner is defendant in the suit O.S. No. 33 of 2006 on the file of the Junior Civil Judge, Gajuwaka, Visakhapatnam, filed by the respondent for recovery of money. In the said suit, the plaintiff’s evidence is over and the matter was posted for the defendant’s examination and at the time of cross-examination of the defendant, the petitioner – defendant filed IA No. 1794 of 2007 for sending the document filed in another suit on the file of the same court and the same was allowed on 25.10.2007. The petitioner has not paid batta for compliance of that order, for the reason that he was not feeling well, as such, he could not pay batta in time. As there was delay of 141 days in paying the batta, he filed IA No. 253 of 2008 under Sec. 151 CP to condone the delay of 141 days in paying the batta. The said application was allowed condoning the delay of 141 days in paying the batta but, however, a condition of depositing half of the suit amount was imposed, to be paid on or before 2.4.2008. The said half of the suit amount was deposited vide challan No.870 dated 2.4.2008 under protest and the present Civil Revision Petition is filed In the facts and circumstances of the case, I am of the view that the suit is yet to be decided and even before disposal of the suit, imposing such an onerous condition on the ground that the petitioner –DW-1, after filing his chief examination remained absent on 12.12.2007 and on 1.12.2008 and, therefore, his evidence was eschewed and subsequently the petition filed by him to reopen and recall was allowed on 11.2.2008, is not just and proper. For the previous lapses, imposing such onerous condition of depositing half of the suit amount is illegal and unsustainable. Accordingly, the Civil Revision Petition is allowed and the order under Revision is set aside but, however, subject to the condition of the petitioner paying costs of Rs.5,000/-. As the petitioner has already deposited Rs.25,550/-, the petitioner is permitted to withdraw Rs.20,550/- deposited by him pursuant to the said conditional order and Rs.5,000/- may be retained towards costs for allowing the said I.A. No order as to costs. ___________________ Justice V.Eswaraiah November 12, 2010 MAS