HONOURABLE SRI JUSTICE C.V. RAMULU CIVIL REVISION PETITION No. 4282 of 2010 DATED 28TH SEPTEMBER, 2010. BETWEEN Devarala Venkata Ramanaiah … Petitioner and K.Narasimha Rao …Respondent. HONOURABLE SRI JUSTICE C.V. RAMULU CIVIL REVISION PETITION No.4282 of 2010 ORDER: This Civil Revision Petition under Section 115 CPC is directed against the order dated 26.7.2010 passed by the learned II Additional Senior Civil Judge, Nellore, in E.A.No. 125 of 2010 in E.P.No. 194 of 2009 in O.S.No. 92 of 2004, whereunder, the application ﬁled under Order XXI Rules 105 and 106 CPC on behalf of the petitioner to set aside ex parte order dated 4.6.2010 passed against the Judgment Debtor and permit him to ﬁle counter and to contest the case was dismissed. It is the case of the petitioner/Judgment debtor that as he was in jail he could not meet his advocate and his advocate wrote a letter for the purpose of ﬁling counter and due to his busy engagements in agricultural operations he could not meet his advocate and ﬁle counter and therefore, there is no negligence on his part. However, the Court below passed ex parte order on 04.06.2010. The said application was resisted by the respondent/decree holder. It is stated that the Judgment Debtor has failed to prove his bonafides of ﬁling counter in the Execution Petition atleast along with this petition and that there is no document to show that the Judgment Debtor was in jail and that his advocate wrote a letter to him. The Court below after considering the arguments put-forth by both sides, came to conclusion that except oral version of the petitioner, there is no proof to show that on 04.06.2010 he was in jail and later he had received a letter from his advocate for ﬁling counter. Absolutely there is no proof to believe the version of the Judgment debtor besides that to prove his bonafies, the Judgment debtor has not filed any counter along with the petitioner. Even as on today, the petitioner/Judgment Debtor has not proved whatsoever for consideration of the Court. Therefore, I am of the opinion that the Executing Court has not committed any error in dismissing the application. The Civil Revision Petition is devoid of merits and is accordingly dismissed. There shall be no order as to costs. ----------------------------------- JUSTICE C.V. RAMULU 28T H SEPTEMBER,2010. Msnr.