HON’BLE SRI JUSTICE C.V. RAMULU C.R.P. No. 4548 of 2009 DATED: 22.01.2010 Between: Vuchuru Krishna Reddy .. Petitioner/ Defendant And Sri Maruthi Fertilizers Co., Kavali .. Respondent/ Plaintiff O R D E R:- This Civil Revision Petition is directed against the Docket Order dated 11.09.2009 made in I.A. No.345 of 2009 in O.S. No.117 of 2007 on the file of the Senior Civil Judge, Kavali, whereby the petition filed by the petitioner-defendant under Section 5 of the Limitation Act seeking to condone the delay of 208 days in filing an application to set aside the ex parte decree, was allowed on condition that the petitioner deposits 1/4th of decretal amount to the credit of the suit, on or before 14.10.2009. The learned counsel for the petitioner-defendant has contended that the suit amount is Rs.1,73,257.75, and it will be difficult for the petitioner-defendant to deposit that amount. He has further contended that the condition imposed by the trial Court in the impugned Docket Order directing the petitioner to deposit 1/4th of the decretal amount, is onerous and difficult for him to comply with, and prays that the condition may be modified. Having heard the learned counsel for both the parties and perused the order under revision, I am of the opinion that the imposition of condition, in the facts and circumstances of the case, cannot be said to be bad or arbitrary, but directing the petitioner- defendant to deposit 1/4th of the decretal amount may be onerous. Therefore, the Docket Order dated 11.090.2009 made in I .A. No. 345 of 2009 in O.S.No.117 of 2007 which is impugned in this petition, is modified to the following effect: “The petitioner-defendant shall deposit an amount of Rs.20,000/- and the costs of the suit to the credit of the suit on or before 20.02.2010, failing which, the I.A. shall stand dismissed automatically without further reference to the Court”. In terms of the above modification of the impugned Docket Order, this Civil Revision Petition is disposed of. No order as to costs. ______________ C.V. RAMULU, J 22nd January, 2010 Note: Furnish copy in one week. B/o bcj