Nimmakayala Karuna vs. Kotari Demudu
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble R Raghunandan Rao
Listed On:
22 Dec 2021
Order Text
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION No.485 of 2020
ORDER:
The respondent herein had filed O.S.No.9 of 2015 in the Court of X Additional District & Sessions Judge, Anakapalle for recovery of money. The petitioners, who are defendants in the said suit had filed their written statement after receiving the notices. However, they were set ex parte and an ex parte decree was passed on 19.09.2017 on the ground that they were absent in the Court. Thereafter, the petitioners had filed an application for setting aside the said ex parte order and also I.A.No.350 of 2019 for condonation of delay of 256 days.
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The trial Court allowed this application on 20.12.2019, subject to the condition of the petitioners depositing 50% of the decretal amount in the ex parte Judgment and Decree.
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Aggrieved by the said order, the petitioners have approached this Court by way of the present revision petition. Notice of this revision was served on the respondent on 04.03.2020 and proof of service has also been filed. There is no representation for the respondent till date. Hence, this matter is being taken up for hearing.
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Heard Sri Thandava Yogesh, learned counsel for the petitioners.
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A perusal of the order under revision would show that the trial Court was convinced that the delay of 259 days should be condoned. However, the trial Court while allowing the application imposed a condition of payment of 50% of the decretal amount by the petitioners. This condition is clearly onerous and is not in accordance with the purview of Section 5 of the Limitation Act, which requires the Court to look into the sufficiency of reasons relating to the delay in filing necessary applications etc. A direction to pay 50% of the decretal amount is essentially allowing the suit itself. In the circumstances, the order of the trial Court is modified to the extent of removing the condition of payment of 50% of the decretal amount passed against the petitioners. The trial Court shall take up the application for setting aside the ex parte Judgment and pass orders without insisting of any such payment of 50% of the decretal amount.
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Accordingly, the C.R.P. is allowed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
R. RAGHUNANDAN RAO, J.
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22.12.2021 SDP
2
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CIVIL REVISION PETITION No.485 of 2020
22-12-2021
SDP
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