THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3668 of 2009 (Dated: 19-01-2010) Between: Bobba Venkata Reddy S/o Malla Reddy R/o Nalgonda Town and Mandal, Nalgonda District …Petitioner A n d State Bank of Hyderabad, Devarakonda Branch represented by its Branch Manager and others ….Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3668 of 2009 ORDER: This revision is directed against the order dated 23.6.2009 passed in I.A.No.210 of 2009 in O.S.No.246 of 2007 on the file of the Senior Civil Judge, Nalgonda, whereby and whereunder, the learned Senior Civil Judge dismissed the application filed by the defendant under Order 20 Rule 11 read with Section 151 CPC. 2. Notice before admission came to be ordered on 02.9.2009. The 1st respondent received notice and entered appearance through a counsel. 3. When the CRP came up for admission hearing, there is no representation on behalf of the 1st respondent. The other respondents are co- defendants and notice to them is stated to be not necessary. 4. Heard learned counsel appearing for the petitioner. 5. Learned counsel appearing for the petitioner submits that the trial Court has not correctly calculated the period of limitation and thereby, erred in observing that the petition filed by the 1st defendant is barred by limitation. Learned counsel took me to the certificate appended to the certified copy of the judgment and decree dated 30.12.2008 passed in O.S.No.246 of 2007. 6. As per the entries made in the certificate appended therein, the defendants made copy application on 31.12.2008 and received the certified copy of the judgment on 29.1.2009. They filed an application under Order 20 Rule 11 read with Section 151 CPC on 27.2.2009. Under Article 126 of the Limitation Act, 1963, the period of limitation for filing an application for payment of the amount of a decree by instalments is 30 days. If the period taken for obtaining certified copy of the judgment and decree is excluded, the petition filed by the petitioner under Order 20 Rule 11 CPC is well within the time. Therefore, the order impugned in this revision cannot be sustained. 7. Accordingly, the Civil Revision Petition is allowed setting aside the order dated 23.6.2009 passed in I.A.No.210 of 2009 in O.S.No.246 of 2007 and consequently, I.A No.210 of 2009 stands restored to file. The trial Court has to consider the I.A. on merits and pass appropriate orders. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.19-01-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3668 of 2009 DATED : 19-01-2010