THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2083/2011 Date of Order: 27-8-2011 Between: Anumalasetty Lakshmi Kameswari ..Petitioner and 1. A.Lalitha Jayasri and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2083/2011 Oral order: The revision petitioner herein is the fifth respondent in OS No.1063/2009 on the file of III Additional Senior Civil Judge, Vijayawada. She filed the written statement and the affidavit in lieu of chief examination before the trial court. When she was not attending the court on 11-12-2009, the trial court set her ex parte and posted the matter to 22-1-2010. Later, she filed IA No.22/2010 under Order 9 Rule 7 CPC to set-aside the ex parte order passed against her on 11-12-2009 and permit her to contest the matter. The said petition was allowed on payment of costs of Rs.200/-. Since the petitioner failed to comply with the condition, the said IA was dismissed. On dismissal of IA No.22/2010, the fifth defendant filed IA No.93/2010 under Order 9 Rule 9 CPC to restore IA No.22/2010 and to give an opportunity to her to contest the suit. The trial court by order dt. 1-3-2011 dismissed IA No.93/2010 holding that the petitioner failed to comply with the condition to cross-examine D.Ws.2 to 4 on 17-2-2010 and failed to explain the reason for non-compliance of the condition imposed. Questioning the same, the present revision petition is filed. Since the suit itself is filed for partition and separate possession, to show her bona fides, the petitioner/fifth defendant should be given an opportunity to cross-examine D.Ws.2 to 4 on certain terms. In view of the same, the impugned order dt.1-3- 2011 passed in IA No.93/2010 is hereby set-aside and consequently, on petitioner/5th defendant paying Rs.1500/- (Rs.One thousand five hundred only) to the counsel for D.Ws.2 to 4, so as to enable him to pay Rs.500/- each to D.Ws.2 to 4; also paying a sum of Rs.1,000/- (Rs. One thousand only) to the A.P. State Legal Services Authority on or before 12-9-2011, on which date, the matter is to be taken up by III Additional Senior Civil Judge, Vijayawada, and filing a receipt with regard to the payment of amount to the A.P. Legal Services Authority and also receipt evidencing payment of Rs.1500/- to the counsel for D.Ws.2 to 4, the trial court shall restore IA No.22/2010 on payment of costs of Rs.200/- imposed while allowing IA No.22/2010 and fix a date for cross-examination of D.Ws.2 to 4. In default of payment of any of the amounts, as ordered above, and to proceed with the cross-examination of D.Ws.2 to 4 on the date so fixed by the trial court, the revision shall stand dismissed. With the above directions, the Civil Revision Petition is disposed of. _______________ A.GOPAL REDDY, J. Dt.27-8-2011 kmr