THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1554 of 2007 ORDER: Heard both sides. The petitioner/defendant filed this revision under Article 227 of the Constitution of India, inter alia, assailing the order dated 24.10.2006 passed by the IV Additional Junior Civil Judge, Rajahmundry in dismissing I.A.No.1241 of 2003 in O.S.No.115 of 2001 filed under Section 5 of the Limitation Act to condone the delay of 762 days in filing the petition under Order IX Rule 13 C.P.C. to set aside the ex parte decree dated 29.10.2001. The facts, which are necessary for disposal of the revision, are that the respondent/plaintiff filed the suit for rendition of accounts in respect of the sale proceeds realised out of hypothecated vehicle. At the threshold the matter was posted for filing written statement. Having regard to the change of the Branch Manager of the petitioner/defendant, there was no proper representation on behalf of the petitioner. Therefore, the petitioner was set ex parte and accordingly an ex parte decree was passed. Hence, the petitioner filed the present Interlocutory Application. The Court below, by taking into consideration the reasons explained by the petitioner and also the contest made by the respondent, and especially in view of the fact that the matter underwent several adjournments for payment of costs and filing written statement, dismissed the Interlocutory Application. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondent. A perusal of the material available on record would indicate that the suit was filed for rendition of accounts. There is no dispute with regard to the fact that the respondent had availed loan facility from the petitioner, and the petitioner could not file the written statement due to change of the Branch Manager. In view of the same, and since the suit was dismissed at the threshold, I am of the opinion that an opportunity can be given to the petitioner subject to certain terms. Therefore, I.A.No.1251 of 2003 is allowed and the ex parte decree dated 29.10.2001 passed in O.S.No.115 of 2001 is set aside subject to condition of the petitioner depositing a sum of Rs.1,000/- (Rupees one thousand only) towards costs in the Court below. On such deposit, the respondent/plaintiff is entitled to withdraw the same. The petitioner shall file written statement within a period of four weeks from today, and thereafter, the main suit can be disposed of. The Civil Revision Petition is accordingly allowed. B.PRAKASH RAO, J Date: 24.06.2010 Note: Issue CC in one week B/o. va