HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 3204 OF 2010 Saturday, the Twenty Seventh day of August, Two Thousand and Eleven Between Maddi Raghuveer Petitioner AND K.S. Tilak Respondent ORDER: The petitioner is plaintiff, who filed the suit for recovery of money based on the pro-note. In the said suit, notice was served on the defendant, who entered appearance but written statement was not filed and as such he was set exparte on 25.6.2009. To set aside the exparte order, the respondent/defendant filed IA No. 853 of 2009 under Order 9 Rule 13 CPC to set aside the exparte decree dated 25.6.2009 and to receive the written statement. The said I.A. was allowed by order dated 25.3.2010 subject to the condition of the petitioner depositing 1/4th of the suit amount on or before 8.4.2010, failing which the petition shall stand dismissed. The respondent/defendant filed a Memo in the said I.A. No. 853 of 2009 stating that his salary was already attached which is more than 1/4th of the suit amount and, therefore, the said amount, which was already deposited, can be taken into account as 1/4th deposit. The said Memo was ordered by the court below on 12.4.2010, against which the present Civil Revision Petition is filed. The order dated 25.3.2010 in imposing the condition is specific with regard to the deposit of 1/4th of the suit amount on or before 8.4.2010. As the Memo dated 12.4.2010 shows that more than 1/4th of the suit amount was deposited by attaching the salary, I am of the opinion that the court below has rightly accepted the said memo. Therefore, I do not see any infirmity legal or otherwise warranting interference in the order impugned. The Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah August 27, 2011 MAS