THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5418 of 2010 (Dated : 28-02-2011) Between: Shahzadi Begum …Petitioner A n d M.A.Kaleem …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5418 of 2010 ORDER: This revision is directed against the order dated 10.8.2010 passed in I.A.No.14 of 2010 in O.S.No.25 of 2006 on the file of II Additional Senior Civil Judge, Fast Track Court, at Mahabubnagar, whereby and whereunder, the learned Senior Civil Judge dismissed the application filed by the defendant under Section 151 CPC to set aside the order forfeiting her right of cross-examination of Pw.1. 2. The petitioner is the defendant and whereas the respondent is the plaintiff in O.S.No.25 of 2006. The petitioner-defendant is said to be sister-in-law of the respondent-plaintiff. The plaintiff filed the suit for specific performance of agreement of sale said to have been executed by the petitioner-defendant. The defendant filed written statement disputing the agreement of sale. The plaintiff got himself examined as Pw.1. When the case stood posted for cross-examination of Pw.1, on various dates, the petitioner-defendant failed to proceed with the cross-examination. Consequently, costs of Rs.100/- came to be imposed on the petitioner-defendant. Because of the failure of the defendant to pay costs, her right to cross-examine Pw.1 came to be forfeited by the trial Court on 20.11.2009. 3. Thereafter, the petitioner-defendant filed I.A.No.14 of 2010 under Section 151 CPC to set aside the order of forfeiture of her right to cross-examine Pw.1. In the affidavit filed in support of the petition, it is stated by the petitioner-defendant that she could not pay costs since she fell seriously ill and was bed ridden. 4. The respondent-plaintiff filed counter resisting the application. 5. The learned Senior Civil Judge, on considering the material brought on record and on hearing the counsel appearing for the petitioner, proceeded to dismiss the application, by order dated 10.8.2010. Hence, this revision. 6. Heard learned counsel appearing for the parties. 7. Learned counsel appearing for the petitioner submits that the petitioner-defendant could not pay costs on 20.11.2009 since she fell ill and bed ridden. 8. Per contra; learned counsel appearing for the respondent-plaintiff submits that the petitioner has not placed on record any material to show that she fell seriously ill and thereby, prevented herself from attending the Court. In support of his submissions, reliance has been placed on the decision of the Supreme Court in Manohar Singh v. D.S.Sharma and another[1]. 9. As seen from the material placed on record, the respondent- plaintiff is no other than the brother-in-law of the petitioner-defendant. It is the case of the respondent-plaintiff that the petitioner-defendant executed an agreement of sale in respect of schedule property. The petitioner has been contesting the claim of the respondent-plaintiff on the ground that she has not executed the agreement of sale. There is no dispute with regard to the proposition of law that consequent on failure to pay costs; the right of the defaulting party to further prosecute the matter stands forfeited. However, the petitioner has come up with an explanation that she fell ill and bed-ridden and thereby, prevented herself from appearing before the Court for payment of costs. 10. Since substantial rights of the petitioner-defendant are involved in the suit, I deem it appropriate to set aside the order impugned in the revision, subject to the following terms and conditions:- (i) the petitioner shall pay costs of Rs.3,000/- within a week; (ii) The petitioner shall complete cross-examination of Pw.1 in one sitting. Failing compliance of any of the above two conditions, the order impugned in the revision shall hold good. 11. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.28-02-2011 Note:- Issue CC in two days (B/o) RAR U R G E N T THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5418 of 2010 DATED : 28-02-2011 [1] 2009(6) ALD 152 (SC)