HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.No.1911 of 2010 Dt.9.7.2010 Between: B.Subhashichand Jain ..Petitioner And G.Kusumakumari and another ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.No.1911 of 2010 ORDER: This civil revision petition is directed against the order, dated 19.10.2009 in I.A.No.498 of 2008 in O.S.No.10 of 2008 on the file of the Additional Senior Civil Judge, Chittoor. Petitioner herein is the plaintiff, who filed the suit in O.S.No.10 of 2008 for recovery of an amount of Rs.5,98,500/- from the respondents. It is stated that the respondents were set ex parte and ex parte decree was passed on 8.8.2008. To set aside said ex parte decree, the respondents-defendants filed I.A.No.498 of 2008 explaining their non-appearance in the suit due to health reasons and on showing sufficient cause explaining the reasons for their absence from attending the court on the day when they were set ex parte and ex parte decree was passed, the court below allowed the said application and set aside the ex parte decree by passing a reasoned order. However, the said application was allowed subject to the condition of the defendants depositing the suit costs. Having regard to the facts and circumstances of the case, I do not see any infirmity, legal or otherwise for setting aside the ex parte decree, as it is desirable to obtain any decree on merits alone. The civil revision petition is accordingly dismissed. ________________ V.ESWARAIAH, J. 9.7.2010 kpr