THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.3988 of 2008 Date of Order: 25-02-2011 Between: Bommu Naga Venkatarami Reddy ..Petitioner and Alla Bhaskara Reddy ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.3988 of 2008 Oral order: The petitioner/defendant on his failure to cross-examine P.W.1//plaintiff was set ex-parte on 07-08-2006 and ex-parte decree has been passed against him. Therefore, he filed I.A.No.1308 of 2006 in O.S.No.325 of 2004 for setting aside the ex-parte order and decree passed against him. The said I.A. was allowed by the trial Court on 12-08-2008 subject to deposit of half of the suit amount. Heard the learned counsel for the petitioner and also learned counsel for the respondent. The suit itself is based on pronote wherein the petitioner/defendant contested the matter by filing written statement and the matter came up for cross-examination of P.W.1 on 07-08-2006. The petitioner could not cross-examine P.W.1 on the date so fixed by the trial court, because of snake bite and he informed the said fact to his counsel and requested to take time, but the trial Court refused to grant time and passed ex-parte order. Therefore, the petitioner filed impugned I.A.No.1308 of 2006 to set aside the ex-parte decree dated 07-08-2006, which was allowed by imposing a condition of deposit of half of the amount by 18-08-2008, in default petition stands dismissed. Hence, the revision. The trial Court while setting aside the ex-parte order ought not to have imposed onerous condition of deposit of half of the amount. To avoid the delay in the matter and to enforce the presence of the petitioner for the purpose of cross-examination of P.W.1, I.A. filed by the petitioner is allowed on payment of cost of Rs.1,000/- (Rupees one thousand only) to the respondent/plaintiff and also to deposit Rs.20,000/- (Rupees twenty thousand only) to the credit of the suit within two weeks from today and the amount so deposited is subject to the result of the suit. The impugned order dated 12-08-2008 passed by the Principal Senior Civil Judge, Vijayawada is accordingly modified. The petitioner should proceed with the cross-examination of P.W.1 on the dates so fixed by the trial court. The C.R.P. is accordingly disposed of. No costs. _________________ A.GOPAL REDDY, J. 25-02-2011 Murthy