THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1583 of 2009 (Dated: 09-02-2010) Between: Ganta Devender Reddy S/o Raghava Reddy R/o Hyderabad Road, Nalgonda Town, Nalgonda District …Petitioner A n d Thummalapalli Chandra Sekhar Reddy S/o Malla Reddy Occ:Agriculture R/o Chalakurthy (V) Peddvoora Mandal, Nalgonda District …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1583 of 2009 ORDER: This revision is directed against the order dated 27-02-20009 passed in I.A.No.472 of 2008 in O.S.No.258 of 2003 on the file of the Principal Junior Civil Judge, Miryalaguda, whereby and whereunder the learned Junior Civil Judge dismissed the application filed by the petitioner-defendant under Section 5 of the Limitation Act to condone delay of 22 days caused in filing the petition under Order 20 Rule 11 CPC. 2. The respondent is the plaintiff in O.S.No.258 of 2003. He filed the suit against the petitioner for recovery of Rs.86,055/- basing on a pro note. The petitioner-defendant filed written statement disputing the claim of the plaintiff. On full-fledged trial, the suit of the respondent- plaintiff ended in decree on 29.4.2008. Subsequently, the petitioner- defendant filed petition under Order 20 Rule 11 CPC seeking instalments in payment of the decretal amount. He also moved I.A.No.472 of 2008 under Section 5 of the Limitation Act to condone delay of 22 days in filing petition under Order 20 Rule 11 CPC. 3. The respondent-plaintiff filed counter resisting the application. 4. Neither party adduced evidence, either oral or ocular. 5. The learned Principal Junior Civil Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the petitioner-defendant failed to explain the delay of 22 days in filing petition under Order 20 Rule 11 CPC, and thereby, dismissed the application, by order dated 27.02.2009. The said order is assailed in this revision. 6. Notice before admission came to be ordered on 09.4.2009. The respondent entered appearance through a counsel. 7. Heard learned counsel appearing for the parties. 8. Learned counsel appearing for the petitioner-defendant submits that the petitioner-defendant has been suffering from neurological ailment, and therefore, he could not file the application within time. 9. Learned counsel appearing for the respondent-plaintiff submits that the petitioner-defendant failed to place on record any evidence to speak of his ailment, and therefore, the trial Court is justified in dismissing the application. 10. As seen from the order impugned, the petitioner-defendant failed to place on record any material to speak of his ailment. Paragraph 6 of the order impugned in the revision needs to be noted and it is thus:- “ On perusal of the record, found that the petition filed by the petitioner u/Sec 5 of Limitation Act did not disclose any sufficient cause or reason with regard to delay of 22 days. Mere saying that he fell sick and bedridden, after passing of decree in O.S.No.258/03, the petitioner failed to produce any evidence to support and substantiate his contention of ill-health.” 11. Indisputably, the petitioner-defendant has not placed any evidence before the trial Court to speak of his neurological ailments. Such is the situation; I do not see any flaw in the order passed by the trial Court. Learned counsel appearing for the petitioner submit that the petitioner made certain payments, pursuant to the interim order dated 09.4.2009 granted by this Court, and therefore, the same is required to be given due credit towards the amount due under the decree. When once the amount has been deposited by the petitioner in pursuance of the interim order, the same is required to be given credit towards the decretal amount. 12. Accordingly, the Civil Revision Petition fails and the same is hereby dismissed. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.09-02-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1583 of 2009 (Dated: 09-02-2010)