IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL REVISION PETITION No.2201 of 2011 DATE:27.06.2011 Between: M.Saidas …… Petitioner And Shriram Chits (P) Ltd., and others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL REVISION PETITION No.2201 of 2011 ORDER : The Revision Petitioner/1st defendant did not and could not adduce evidence in support of his case before the trial Court in the suit. The suit was filed in the Court of I Additional Senior Civil Judge (Fast Track Court), Mahabubnagar for recovery of money on the basis of a chit transaction, in which the 1st defendant was a subscriber and defaulted in paying the chit instalments. In spite of granting opportunities, the 1st defendant did not lead his evidence. In the written statement, the 1st defendant pleaded some part payments, which are stated to have been not shown by the plaintiff in the plaint. The 1st defendant also pleaded for instalment decree. Since the 1st defendant did not adduce any evidence, the trial Court pronounced the judgment on merits on the basis of available record. I am of the opinion that it is not necessary for the purpose of disposal of this revision petition to find whether the decree passed by the trial Court was contested one or an exparte one. It has to be seen whether the 1st defendant had sufficient cause for not adducing evidence in support of his case. It is not the 1st defendant’s case that he has got any documentary proof to show that he made any further payments than shown by the plaintiff in the plaint. Ultimately, the 1st defendant wanted an instalment decree. In the circumstances, the trial Court as well as the lower appellate Court rightly refused to set aside the decree in question. 2) In the result, the revision petition is dismissed, but giving liberty to the 1st defendant/revision petitioner to pay the decretal amount in equal monthly instalments in five months commencing from July, 2011 payable on or before end of that month; and in default of payment of any of the instalments, the 1st respondent/plaintiff will be at liberty to execute the decree for the entire balance of the amount due under the decree. _______________________________ SAMUDRALA GOVINDARAJULU, J June 27, 2011 ksh