IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.467 of 2006 Between: G.Malleswari ..... PETITIONER(S) AND K.Rambabu .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.467 of 2006 ORDER: Petitioner, who is the defendant, filed this revision under Section 115 of C.P.C. inter alia seeking to assail the correctness of the order dismissing the application purported to have been filed by her under Section 5 of the Limitation Act, 1963, to condone the delay of 185 days in filing the petition to set aside the e x parte decree dated 23.04.2004. Admittedly, the suit is for recovery of money based on a promissory note and the same was decreed ex parte by judgment of the Court below dated 23.04.2004. Subsequently, E.P.No.315 of 2004 was also filed by the respondent/plaintiff. In the meanwhile, the present application was filed. The Court below did not find favour with the reasons given by the petitioner for the delay and dismissed the same. Heard the learned counsel for both sides. Perused the material available on record. No doubt, there are certain lapses on the part of the petitioner. However, since it is submitted that subsequent to filing of the execution petition, the petitioner has paid almost 3/4th of the decreetal amount, the petitioner can be given an opportunity to contest her case subject to terms, rather than allowing the one- sided proceedings to become final. In the circumstances, the Civil Revision Petition is allowed setting aside the order dated 22.03.2005 passed in I.A.No.1741 of 2004 in O.S.No.1044 of 2003 on the file of the Principal Junior Civil Judge, Kothagudem, and, consequently, the same stands allowed subject to the petitioner depositing Rs.1,000/- (Rupees one thousand only) in the Court below within a period of four weeks from today and on such deposit the respondent/plaintiff shall be permitted to withdraw the same without furnishing any security. Since it is stated that the petitioner has also not filed the written statement yet, she is permitted to file the same within a period of four weeks from today. The trial Court shall dispose of the suit itself within a period of three months from the date of receipt of a copy of this order after giving notice and opportunity to both sides on merits and in accordance with law. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J 29th July, 2010 CVRK