HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P. No. 727 of 2010 DATED: 15.07.2011 Between: Abburi Venkata Vijaya Kumar .. Petitioner And K. Malakondaiah .. Respondent O R D E R:- This Civil Revision Petition is directed against the order dated 01.02.2010 made in I.A. No. 608 of 2009 in O.S. No. 656 of 2007 on the file of IV Additional Senior Civil Judge, Guntur, whereby the application filed by the defendant under Order 9 Rule 13 to set aside the ex parte decree and permit him to contest the suit, was allowed with conditions to deposit suit costs of Rs.9,172/- on or before 15.02.2010 and also cross-examine PW1 on 15.02.2010. The plaintiff, who is the respondent herein, filed suit in O.S. No. 656 of 2007 for recovery of an amount of Rs.2,79,687/- from the defendant under the suit promissory. In the suit, the defendant filed an application in I.A. No. 385 of 2009 under Section 151 C.P.C. questioning the maintainability of the suit for calculating the compoundable interest, but the application was dismissed, and the suit was decreed ex parte on 16.06.2009. Thereafter, the defendant filed the present application in I.A. No. 608 of 2009 seeking to set aside the ex parte decree, and the same was allowed on imposition of conditions that the defendant deposits suit costs of Rs.9,172/- on or before 15.02.2010 and shall cross-examine PW1 on 15.02.2010. Aggrieved by the order dated 01.02.2010, the defendant has filed the Civil Revision Petition. Having heard the learned counsel for the petitioner-defendant and perused the material placed on record, I am of the opinion that imposition of two conditions i.e. the defendant shall deposit suit costs and also cross-examine PW1, cannot be said to be arbitrary or illegal. Hence, I see no merits in this Civil Revision Petition, and the same is accordingly, dismissed. No order as to costs. ________________ V. ESWARAIAH, J 15.07.2011 bcj