THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3759 OF 2007 ORDER: The petitioners filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 02.08.2007 in I.A.No.1414 of 2006 in O.S.No.3421 of 2004 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, in allowing the petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 162 days in presenting the petition to set aside the ex parte decree. Admittedly, the suit is filed for recovery of money. The Court below allowed the said petition subject to the condition of depositing half of the decretal amount on or before the next date of hearing, failing which the petition stands dismissed. The only contention urged on behalf of the petitioners is in regard to deposit of half of the decretal amount as quite onerous, arbitrary and that portion of the statement requires to be gone into. Be that as it may, the ex parte decree was passed on 20.03.2006. It is now well settled that service of summons by paper publication that too in “Praja Poratam” newspaper, which is not a widely circulated one, is not a proper service. The petitioners have no knowledge of passing of ex parte decree in the suit. They came to know about ex parte decree only on 09.09.2006 and they filed the present petition on 18.09.2006. In view of the same, there being no lapse on the part of the petitioners, it is quite onerous to impose the condition of deposit of half of the decretal amount and instead, it is felt desirable to impose costs of Rs.1,000/- {Rupees one thousand only}. Accordingly, the Civil Revision Petition is allowed and the condition of deposit of half of the decretal amount is set aside and instead, it is directed to deposit costs of Rs.1,000/- {Rupees one thousand only} in the Court below within a period of two {2} weeks from today. On such deposit, the respondent is permitted to withdraw the same, without furnishing any security. The Court below shall expedite the disposal of the suit and dispose of the same within a period of three {3} months from the date of receipt of a copy of this order. No costs. _________________ (B.PRAKASH RAO, J) 3rd December 2010 RRB