HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2180 of 2014 Date : 12-12-2014 Between :
M. Narsing Rao ..
Petitioner And V.A. Chandra Shekar and another .. Respondents Counsel for petitioner : Mr. Posnooru Venugopala Rao Counsel for respondents : Mr. Pothapragada Venkateswarlu The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 21-4-2014 in I.A.No.161 of 2014 in O.S.No.2018 of 2012 on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar.
I have heard Mr. Pasnooru Venugopala Rao, learned Counsel for the petitioner and Sri Pothapragada Venkateswarlu, learned Counsel for the respondents.
The respondents filed the above mentioned suit against the petitioner for recovery of a sum of Rs.5,76,000/- along with interest and costs. The petitioner has entered appearance on 29-1-2013 through their counsel but failed to file written statement, as a result of which he was set exparte on 10-6-2013. Even thereafter, the petitioner has failed to contest the suit, resulting in the passing of exparte decree on 2-12-2013. The petitioner has filed an application for setting aside the exparte decree. As there is a delay of 29 days in filing the said application, he has filed I.A.No.161 of 2014 for condonation of the delay. The lower Court, by its order dated 21-4-2014 has dismissed the said application.
A perusal of the order of the lower Court shows that it has considered the conduct of the petitioner in not showing any interest in contesting the suit even though he has filed appearance as far back as 29-1-2013. Though the delay occurred in filing of the application for setting aside the exparte decree is short, considering the conduct of the petitioner in failing to contest the suit, I am of the opinion that interests of justice would be met if he is made to deposit reasonable part of the decretal amount.
Accordingly, the delay in filing the application for setting aside the exparte decree is condoned, subject to the petitioner depositing to the credit of the suit in the lower Court, a sum of Rs.2,00,000/- (Two lakhs only) within one month from the date of receipt of this order. On such deposit, the lower Court shall proceed with the suit after formally setting aside the exparte decree and dispose of the same on merits. Conversely, if the petitioner fails to deposit the said amount within the above stipulated time, the Civil Revision Petition itself shall stand dismissed.
The Civil Revision Petition is allowed to the extent indicated above.
As a sequel to the disposal of the Civil Revision Petition, interim order dated 8-8-2014 is vacated and CRPMP No.3041 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 12-12-2014 AM