IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3431 OF 2007 Between: Sri M. Krishna .....PETITIONER AND M/s. Usha Kiran Movies Limited and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3431 OF 2007 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the docket order, dated 28.11.2006, in I.A.No.3743 of 2006 in O.S.No.342 of 2004, on the file of III Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the petition, filed under Order IX Rule 7 and Section 151 of the Code of Civil Procedure, 1908, to set aside the ex parte order, dated 11.09.2006, and to permit the petitioner to take part in the case and to proceed with the case, was dismissed for non compliance of conditions fully. 2. Heard both sides. 3. Petitioner herein is defendant No.2 in the suit. He engaged an advocate on 11.08.2006. The case was adjourned to 11.09.2006 for filing counter and written statement. As the written statement was not filed, the petitioner was set ex parte on 11.09.2006. Thereupon, he filed an application to set aside the ex parte order and that application was allowed by order, dated 09.11.2006, directing the petitioner to pay costs of Rs.500/- and also to file written statement. On 28.11.2006, costs have been paid, but the written statement has not been filed. Even till 04:00 PM, as there was no compliance of conditional order, the application was rightly dismissed by the trial Court. The remedy, if any, available to the petitioner is to seek extension of time for complying with the conditional order, dated 09.11.2006, but not to set aside the ex parte order. Therefore, the impugned order does not suffer from any infirmities so as to call for interference by this Court. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J January 27, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3431 OF 2007 January 27, 2011