HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No.4 OF 2011 Dated 21-04-2011 Between: M.T.Ratna Kumari and another. …Petitioner. And: Kollipara Vimala. ……Respondents. HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No.4 OF 2011 ORDER: This Revision is filed against the order in I.A.No.1669 of 2010, I.A.No.1670 of 2010 and I.A.No.1671 of 2010 in O.S. No.364 of 2009 on the file of the Principal Junior Civil Judge, Vijayawada dismissing the application to condone the delay of 520 days for filing the petition and for setting aside the exparte decree. 2. The suit was filed on the basis of a promissory note and exparte decree was passed on 1.5.2009. As the defendant did not appear, the decree was passed exparte. While considering the application, the lower Court without accepting the contention of the revision petitioners that they have got sufficient cause in not appearing before the Court i.e., due to health problems, dismissed the application. 3. Evidently, the parents are said to be the employees in the Corporation and the liability is being disputed by them. According to the counsel for the petitioners, there are tenable and substantial grounds of defence to deny their liability and if an opportunity is given, they will establish the same. 4. It is not in dispute that a liberal view is to be taken in cases of condonation of delay. However, the interest of the Decree Holder is to be protected. Taking into consideration of the above circumstances, since this Court has directed the revision petitioners to deposit a sum of Rs.25,000/- by order dated 6.1.2011 within a period of six weeks, I feel that an opportunity can be given by imposing further condition and the delay can be condoned. 5. The counsel for the respondent represented that the said amount was not deposited. 6. However, the petitioners are directed to deposit a sum of Rs.25,000/- if not already deposited and also the suit costs within four weeks from the date of receipt of a copy of this order, failing which this revision petition stands dismissed. On such deposit, the respondent is permitted to withdraw the amount accordingly. The lower Court shall thereafter consider the application for setting aside the exparte decree and pass necessary orders keeping in view the orders passed by this Court in the revision in condonation of the delay. 7. Accordingly, revision is disposed of. No costs. _________________________________ Justice N.R.L.NAGESWARA RAO Dated 21-04-2011. Dvs HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No.4 OF 2011 Dated 21-04-2011