HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 1106 OF 2010. DATED 3RD SEPTEMBER, 2010. BETWEEEN Muvva Venklateswara Rao …..Petitioner and Chava Gopala Rao … Respondent. HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 1106 OF 2010. ORDER: The petitioner herein is the judgment debtor, who invoked the jurisdiction of this Court under Section 115 CPC inter alia assailing the correctness of the order dated 01.02.2010 allowing the application in E.A.No. 163 of 2009 in E.P.No. 26 of 2009 in O.S.No. 240 of 2008 ﬁled by the Decree Holder under Order XXI Rule 106 CPC to restore the E.P., which was dismissed for default on 17.11.2009. There is no dispute that the suit in O.S.No. 240 of 2008 ﬁled against the petitioner herein for recovery of money was decreed ex parte on 23.1.2009. The Court below ordered attachment in E.P. on 17.11.2009. However, the decree holder did not attend the Court as he went to the Sessions Court at Guntur. Hence, the EP was dismissed for default. Further more the application in E.A.No. 176 of 2009 ﬁled by the Judgment debtor to raise the attachment is still pending consideration and the same has not yet been disposed of. Be that as it may, having regard to the discretion exercised by the Court below in restoring the E.P., which was dismissed for default, I do not see any illegality or irregularity warranting interference with the order under revision. The Civil Revision Petition is dismissed. No order as to costs. ----------------------------------------- JUSTICE B. PRAKASH RAO 3rd SEPTEMBER, 2010. Msnr.