THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.2743 of 2011 ORDER: This Civil Revision Petition is filed under Section 115 CPC by the defendant in O.S.No.76 of 2008 against order, dated 23.06.2011 passed in I.A.No.122 of 2011 in O.S.No.76 of 2008. The respondent filed aforesaid suit for recovery of money. When the suit was posted for cross-examination of P.Ws.1 and 2, on the ground that the petitioner failed to appear for cross-examination of the witnesses, he was set ex parte and ex parte decree was passed on 18.06.2010. The petitioner filed I.A.Nos.122 and 168 of 2011 under Section 5 of the Limitation Act and under Order IX Rule 13 CPC, seeking to condone the delay and to set aside ex parte decree, dated 18.06.2010. In the affidavit filed in support of I.A.s, it is stated by the petitioner/defendant that he suffered paralysis and was hospitalized, as such, he could not attend the Court which resulted in passing of ex parte decree, dated 18.06.2010. The trial Court having considered the reasons given by the petitioner, by recording a finding that the suit is for recovery of money and the petitioner is entitled to be given one more opportunity to contest the suit, allowed the I.A.s by imposing costs of Rs.3,000/- and also with a further condition to deposit Rs.10,000/- to the credit of the suit. At the stage of admission, this Court passed interim orders on 19.07.2011 on condition of depositing Rs.3,000/-. It is represented by the learned counsel for the petitioner that pursuant to the interim orders passed by this Court on 19.07.2011, the petitioner has already deposited the costs and the suit is restored. Though notice before admission is ordered and notice is served on the respondent, there is no appearance to oppose the Civil Revision Petition filed by the petitioner. Though there were some latches on the part of the petitioner in pursuing the suit for which costs were imposed, at the same time, there is no reason at all to impose the condition of depositing Rs.10,000/- to the credit of the suit. As much as the costs were already deposited by the petitioner, I deem it appropriate to set aside the impugned common order to the extent of imposing condition of depositing Rs.10,000/- Accordingly, the Civil Revision Petition is partly allowed and the impugned common order to the extent of imposing condition of depositing Rs.10,000/- by the petitioner is set aside and further, in other respects, it is confirmed. No order as to costs. _______________________ R.SUBHASH REDDY, J 2nd SEPTEMBER, 2011. kvni