THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.1317 of 2010 ORDER: Heard both the counsel. The petitioner herein is the plaintiff, who filed the suit in O.S.No.212 of 2008 on the file of the Principal Junior Civil Judge, Bapatla, for recovery of money basing on the pronote. When the matter was coming for trial, the suit was adjourned from 07-04-2009 to 17-04-2009 for filing chief affidavit. On 17-04-2009, as there was no representation, the matter was adjourned to 04-05-2009 on payment of costs of Rs.100/- for filing the chief affidavit as a last chance. On 04-05-2009, the petitioner neither appeared nor paid costs and as such, the said suit was dismissed for default. The petitioner is not diligent and no steps have been taken in time to file an application to set aside the default order. After a lapse of 113 days, she filed I.A.No.1520 of 2009 to condone the delay of 113 days in filing the petition under Order IX Rule 9 CPC to set aside the dismissal order, dated 04-05-2009. The said application was opposed by the respondent herein before the court below stating that no cause has been shown to condone the delay and that the petitioner was not diligent. The court below vide its order, dated 22-01-2010, dismissed the said application. Aggrieved thereby, the present application is filed. Learned counsel appearing for the petitioner submits that as there is no default clause in payment of costs of Rs.100/-, the application filed by the petitioner to set aside the dismissal order along with the application to condone the delay is maintainable. Though the learned counsel appearing for the respondent opposes, having regard to the facts and circumstances of the case, I am of the opinion that the court below ought to have condoned the delay on certain terms. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order subject to the condition of the petitioner paying costs of Rs.2,000/- (Rupees two thousand only) to the learned counsel, Ms.M.Sudha Rani, within two weeks from today. On filing the proof of payment of costs, the order copy may be despatched. There shall be no order as to costs. ___________ 02-09-2011 Prv