Musham Srinivasulu Srinivas v. Maram Ramachandra Reddy
2020-09-03
SHAMEEM AKTHER
body2020
DigiLaw.ai
JUDGMENT Shameem Akther, J. - This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/defendant, challenging the docket order, dated 09.01.2020, passed in I.A.No.1034 of 2019 in an un-registered Appeal Suit, by the Principal District Judge, Nalgonda, whereby, the petitioner/defendant was directed to deposit 50% of the decreetal amount on or before 24.02.2020 and to arrange two oxygen plants worth Rs.500/-, for condoning the delay of 451 days in filing the appeal, failing which, the said application stands dismissed without any further orders. 2. Heard the learned counsel for both the sides and perused the record. 3. The learned counsel for the petitioner/defendant would contend that the Court below erred in directing to deposit 50% of the decretal amount in an application filed under Section 5 of Limitation Act for condoning the delay of 451 days. The petitioner/defendant had filed medical record before the Court below and explained the delay in filing the appeal. The Court below accepted the cause/reason for not filing the appeal within the stipulated time, but however imposed a condition to deposit 50% of the decreetal amount on or before 24.02.2020 for condoning the delay, which is erroneous and contrary to law and ultimately prayed to set aside the impugned docket order and allow the Civil Revision Petition as prayed for. 4. On the other hand, the learned counsel for the respondent/plaintiff opposed the Civil Revision Petition and contended that since there was abnormal delay of 451 days in filing the appeal before the Court below, the Court below is justified in imposing the condition to deposit 50% of the decretal amount on or before 24.02.2020 to condone the delay. There is no error of law in the impugned docket order. No interference of this Court is warranted in the impugned docket order and ultimately prayed to dismiss the Civil Revision Petition. 5. In view of the above rival contentions, the point that arises for determination in this Civil Revision Petition is as follows: "Whether the condition of depositing 50% of the decretal amount on or before 24.02.2020 imposed on the petitioner/defendant is justifiable? 6.
5. In view of the above rival contentions, the point that arises for determination in this Civil Revision Petition is as follows: "Whether the condition of depositing 50% of the decretal amount on or before 24.02.2020 imposed on the petitioner/defendant is justifiable? 6. Admittedly, the petitioner/defendant preferred the subject un-registered appeal suit before the Court below along with the subject I.A.No.1034 of 2019 requesting to condone the delay of 451 days in preferring the said appeal and the Court below passed the impugned order, which reads as follows: "Petitioner represented. Respondent absent, no representation. No counter filed by the respondent. Heard the petitioner. In the circumstances stated and since there is abnormal delay of 451 days in preferring the appeal, I.A. is allowed subject to depositing of 50% of the decreetal amount on or before 24.02.2020 and subject to arranging two oxygen plants worth Rs.500/-, failing which, I.A. stands dismissed without any further orders." 7. The petitioner/defendant filed medical record and explained the cause/reason for not filing the appeal within the stipulated time. The Court below had accepted the reason for delay, but however imposed a condition to deposit 50% of the decretal amount for condoning the delay. In the given circumstances, it is not appropriate to impose such a condition to deposit 50% of the decretal amount. Accordingly, the impugned docket order, dated 09.01.2020, passed in I.A.No.1034 of 2019 in an un-registered Appeal Suit, by the Principal District Judge, Nalgonda, is modified as follows: "I.A.No.1034 of 2019 stands allowed subject to the condition of the petitioner/defendant depositing Rs.1,00,000/- (Rupees one lakh only) to the credit of the subject suit in O.S.No.529 of 2014 before the trial Court, within a period of one (01) month from today. On such deposit, the respondent/plaintiff is permitted to withdraw the said amount, without furnishing any security and without prejudice to the merits of the appeal." 8. The other condition imposed, i.e., to arrange two oxygen plants worth Rs.500/- remains unaltered. 9. The Civil Revision Petition is disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.