THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.559/2011 Dt.11-3-2011 Konakalla Lakshmi ..Petitioner V. Ch.V.V. Rama Raju ..Respondent The court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.559/2011 Oral Order The petitioner/defendant filed this revision under Art. 227 of the Constitution of India to revise the docket order dt. 27-1-2011 passed in IA No.935/2010 in OS No.1203/2008 on the file of III Additional Senior Civil Judge, Vijayawada, whereunder IA filed under Order IX Rule 7 CPC to set-aside the ex parte order passed against the defendant was dismissed. On defendant’s failure to present before the trial court on the date of hearing on 15-12-2010, he was set ex parte. To set-aside the order of ex parte passed against the defendant, he filed IA No.935/2010. The said petition was allowed on payment of costs of Rs.100/- with a condition that the defendant should cross-examine P.W.1 on 27-1-2011. On 27-1-2011 though the defendant paid costs and present before the trial court, the counsel for the defendant did not present and the defendant requested time. Since the defendant could not cross examine P.W.1 in spite of giving sufficient time, the trial court dismissed the petition. In spite of service of notice on the counsel appearing for the respondent in the trial court, the respondent has not put up his appearance. To serve ends of justice, the petitioner/defendant should be given an opportunity to contest the suit, on certain terms. Therefore, the impugned order dt. 27-1-2011 is set aside. Consequently, IA No.935/2010 is allowed on petitioner/defendant paying costs of Rs.1,000/- (Rs.One thousand only) to the A.P. State Legal Services Authority, Hyderabad, within two weeks from to-day and also further costs of Rs.500/- (Rs.Five hundred only) to P.W.1 on his appearing in the trial court on the date fixed for cross-examination. In default, the petition shall stand dismissed. The Civil Revision Petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. Dt.11-3-2011 kmr