IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.288 OF 2011 Date:07-04-2011 Between:- P.Subba Reddy ..Appellant/Petitioner/Defendant And M.Jayaram .. Respondent/Respondent/Plaintiff JUDGMENT:- The Civil Miscellaneous Appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) is directed against the order dated 18-02-2011 in I.A.No.321 of 2010 in O.S.No.296 of 2006 on the file of Additional Senior Civil Judge, Tirupati, whereunder and whereby the petition filed by the petitioner/defendant under Order IX Rule 13 and under Section 151 C.P.C. to set aside the ex parte decree dated 21-01-2010 and to give an opportunity to him to contest the suit was allowed, on condition of depositing 1/4th of the decretal amount on or before 07-03-2011 and has to report ready for cross examination of witness of the respondent/plaintiff. 2. Heard. 3. The ground taken by the appellant is that he fell ill due to high fever on 21-01-2010 and unable to contact his Advocate. Therefore, t h e ex parte decree was passed. On the earlier occasion, the appellant engaged an Advocate, but failed to file the written statement. Therefore, he was set ex parte on 12-12-2006. Thereafter, he filed a petition to set aside the ex parte decree. That petition was allowed and the case was posted for cross examination of P.W.1. In spite of granting several adjournments, the appellant failed to cross examine P.W.1. Therefore, sufficient opportunity was given to the appellant to cross examine P.W.1. While setting aside an ex parte decree against a defendant, the Court has very wide discretion in imposing appropriate terms and conditions. The words in Order X Rule 13 C.P.C. “upon such terms as to costs, payment into Court or otherwise as it thinks fit” make it amply clear that such terms may relate to deposit of entire decretal amount or a part thereof. Considering the facts and circumstances of the case, the trial Court rightly allowed the petition directing the appellant to deposit 1/4th of the decretal amount. Hence, there are no grounds to interfere with the impugned order. 4. The Civil Miscellaneous Appeal is dismissed. However, four (4) weeks time is granted from today to deposit 1/4th of the decretal amount, failing which the petition to set aside the ex parte decree shall stand dismissed. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 7th April, 2011 Note:- Furnish C.C. within one week. B/O. AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.288 OF 2011 Date:07-04-2011 AMD