HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5381 OF 2010 Dated: 24.12.2010 Between: Mallampalli Nagendra Kumar. ..Petitioner And B. Venkata Krishna .. Respondent This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5381 OF 2010 ORDER: This is a revision filed by the petitioner-defendant under Article 227 of the Constitution of India seeking to revise the order dated 9.8.2010 passed in I.A.No.761 of 2010 in O.S.No.1069 of 2009 by the II Additional Senior Civil Judge, Vijayawada. The above suit is filed for recovery of the amount on the foot of a promissory note. When the suit was posted to 6.7.2010 for cross- examination of P.W.1 on costs of Rs.50/-, the defendant could not attend before the Court below and on that, an exparte order was passed. Hence, the petitioner-defendant filed the above I.A., seeking to set aside the exparte order dated 6.7.2010. The Court below allowed the application subject to condition of payment of costs of Rs.100/- on or before 9.8.2010. On 9.8.2010 costs were paid. But the Counsel for the defendant filed an affidavit stating that he was not well and therefore, the matter may be adjourned. Hence, the order under revision has been passed. Heard. Perused the material available on record. The reason assigned by the Counsel for the defendant is that he was not well on that day and therefore, he was unable to attend the Court. An affidavit was also filed to that effect. Therefore, the absence of the Counsel cannot be construed as intentional. Apart from that, for the absence or lapses on the part of the Counsel, the party cannot be penalized. The present suit is filed for recovery of amount. In view of the nature of the suit, I feel that the issue in question is to be adjudicated on its own merits but not on mere technicalities. However, in view of the fact that the witness has to attend the Court again, it is just and proper to levy costs on the petitioner-defendant. Accordingly, this revision petition is allowed setting aside the order impugned herein subject to the condition of the petitioner depositing a sum of Rs.1,000/- to the credit of the suit towards the traveling allowance of P.W.1, which shall be levied by the Court below at its discretion, within a period of two weeks from the date of receipt of a copy of this order. On such payment of costs, the impugned I.A stands allowed. No order as to costs. It is needless to observe that on such payment, the Court below shall issue summons to P.W.1 and proceed with the proceedings in the suit. ________________________ Justice A. Gopal Reddy Date: 24th December, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:5381 OF 2010 24.12.2010