The Hon’ble Sri Justice R.Subhash Reddy Civil Revision Petition No.2696 of 2009 Dated: 28-08-2009 Between: 1.O.Faiz Ahmed. ….Petitioner And 1.Kapil Chit Fund Pvt. Branch Hanamkonda, rep. by its Foreman, Warangal District and another. …..Respondents ORDER: This Civil Revision Petition under Section 151 of the Civil Procedure Code is filed by the defendants in O.S.No.478 of 2007 aggrieved by Order, dated 11-02- 2009, passed by the learned Principal Senior Civil Judge, Warangal, in I.A.No.1288 of 2008 in I.A.No.446 of 2008 therein. The first respondent-Chit Fund Company filed O.S.No.478 of 2007 for recovery of money against the second respondent herein. In the said suit, the petitioners herein were set ex parte and an ex parte decree was passed on 24-01-2008. To set aside that order, the petitioners/defendants have filed I.A.No.446 of 2008, which was allowed on 21-07-2008 subject to condition that they shall deposit costs of Rs.500/- in the Court within fifteen days therefrom. Subsequently, as the costs were not deposited as stipulated, the said application was dismissed vide further Order, dated 14- 08-2008. The petitioners/defendants filed another application being I.A.1288 of 2003 to set aside Order, dated 14-08-2009. The said application was dismissed by the Court below on the ground that in spite of condition imposed in Order, dated 21-07-2008, costs were not deposited within the time stipulated and two months thereafter, the said application was filed without mentioning any reason for non-compliance of such condition. Though it is argued by the learned Counsel for the petitioners/defendants that they were ready for depositing the costs but the Court below has rejected their application, the fact remains that the time frame fixed for deposit of costs was 15 days from the date of Order, dated 21-07-2008, and Order, dated 14-08-2008 was only a consequential dismissal order passed by the Court below in view of the default committed by the petitioners/defendants. For any reason, if the costs could not be deposited within the time stipulated, it is open to the petitioners/defendants to seek enlargement thereof by filing an application in I.A.446 of 2008 itself. But, the petitioner has filed another application in I.A.No.1288 of 2008 without mentioning about the condition imposed in the earlier order and the reason for non-compliance thereof. In view of the same, I do not find any illegality in the impugned order passed by the Court below. The Civil Revision Petition is devoid of merits and the same is, accordingly, dismissed. No order as to costs. However, it is open for the petitioners/defendants to seek enlargement of time to comply with the condition imposed in Order, dated 21-07-2008, and if any such application is filed, it is open for the Court below to consider the same on its own merits. ________________ R.Subhash Reddy, J Dated 28th August, 2009 lur