IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.3527 OF 2010 Date:24.03.2011 Between:- The Commissioner, Nellore Municipal Corporation, Nellore. ..Petitioner/Petitioner/Defendant And G.Stalin Babu .. Respondent/Respondent/Plaintiff ORDER:- The Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the order dated 25- 06-2010 in I.A.No.606 of 2009 in O.S.No.771 of 2007 on the file of the Principal Senior Civil Judge, Nellore, whereunder and whereby, the petition, filed under Section 5 of Limitation Act, 1963 to condone the delay of 360 days in filing the petition to set aside the ex parte decree dated 27-06-2008, was allowed subject to deposit of half of the E.P. amount on or before 12-07-2010. 2. Heard both sides. 3. The suit was filed for recovery of money due under contract works. In the said suit, the present interlocutory application was filed which was allowed vide the impugned order. It is the case of the petitioner in the trial Court that the petitioner/defendant entrusted the matter to the staff who received the Court summons and instructed them to approach the standing counsel to file vakalat. But due to oversight, the staff could not entrust the same to the counsel to contest the matter and the petitioner came to know about the decree after the respondent/plaintiff produced a copy of the decree. 4. The trial Court came to conclusion that the petitioner, being the Municipal Corporation, would be put to hardship if the ex parte decree is not set aside, but at the same time, the interests of the respondent/plaintiff have to be safeguarded and accordingly, allowed the application subject to the above condition. That condition cannot be shown to be onerous or not in accordance with law. Therefore, the impugned order needs no interference by this Court. However, three (3) weeks time is granted from today to the petitioner/defendant for depositing half of the E.P. amount. 5. The Civil Revision Petition is dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 24th March, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.3527 OF 2010 Date:24.03.2011 AMD