THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.89/2009 Date of Order: 21-4-2011 Between: Batchu Venkataratnam ..Petitioner and Batchu Venkata Lakshmi Annapurna. ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.89/2009 Oral order: The petitioner/defendant filed this revision aggrieved by the order of imposition of suit costs on or before 14-10-2008 while allowing IA No.1114/2007 in OS No.460/2004 on 23-9-2008 filed under Order 9 Rule 13 and Sec. 151 CPC to set-aside the ex parte decree dt. 28-8-2007 passed against the petitioner/defendant. The petitioner/defendant filed IA No.1114/2007 for setting aside the ex parte decree dt. 28-8-2007 passed against him stating that he was not present on the day when the case was called due to suffering from typhoid and there is no willful default on his part. The trial court dismissed the petition by the impugned order holding that in spite of sufficient opportunity to the petitioner/defendant to cross-examine P.W.1 by appointing an advocate-commissioner initially, he did not cooperate with the advocate-commissioner, and again the petitioner/defendant filed IA No.534/2007, which was allowed redirecting the advocate-commissioner to cross examine P.W.1, and even then the petitioner/defendant did not cooperate with the advocate commissioner to cross-examine P.W.1, and the advocate commissioner returned the warrant with an endorsement that both the parties compromised. In order to give one more opportunity to the petitioner/defendant, the trial court, though mentioning the lapses on the part of the petitioner/defendant, allowed the petition on certain terms. The impugned order passed by the trial court does not suffer from any illegality warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.21-4-2011 kmr