IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3394 OF 2010 Between : Dosapati Sai Prakash .... PETITIONER A N D Kukatapu Rama Rao …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3394 OF 2010 O R D E R: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 20.07.2010, in I.A.No.409 of 2010 in O.S.No.576 of 2006, on the file of the Principal Junior Civil Judge, Kothagudem, whereunder and whereby, the application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to set aside the ex parte decree, dated 15.06.2009, was allowed. 2. Heard both sides. 3. Learned counsel appearing for the petitioner contended that the order of the trial Court ought not to have directed the petitioner to deposit the half of the decreetal amount and costs and hence, he prays to set aside the impugned order. 4. Learned counsel appearing for the respondent contended that on earlier occasions in spite of taking time, the petitioner has not deposited half of the decreetal amount, and hence, he prays to dismiss the petition. 5. Rule 13 of Order IX CPC enacts that where an ex parte decree is passed against a defendant, he may apply to the Court passing such decree to set aside and if he satisfies the Court that the summons was not duly served upon him, or he was prevented by sufficient cause from appearing when the suit was called on for hearing, the Court shall set aside the decree as against him and appoint a day for proceeding with the suit. 6. No sufficient cause is shown for the absence of petitioner on the day when the ex parte decree was passed. The trial Court has taken a lenient view in directing the petitioners to deposit half of the decreetal amount and on such deposit ex parte decree would be set aside. That conditional order has not been complied with. 7. Considering the facts and circumstances of the case, one more opportunity can be given to the petitioner to comply with the conditional order of trial Court. The petitioner is directed to deposit half of the decreetal amount together with costs as directed by the trial Court on or before 10.04.2011. For any reason, if the petitioner fails to deposit the amount, the order of the trial Court shall be given effect to. For the purpose of extension of time, no petition will be entertained. 8. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU, J APRIL 01, 2011 YVL