C.M.A No. 813 of 2009 · Andhra Pradesh High Court

Petitioner is the defendant and respondent is the plaintiff in O.S. No. 1263 of 1998, which was filed for recovery of money on the basis of a pronote. The suit was decreed as prayed for. Aggrieved by the same, the appellant filed A.S. No. 41 of 2005. The said appeal was dismissed for default on 22.10.2007. Therefore, the appellant filed I.A.804 of 2008 under Order 41 Rule 19 read with Section 151 of C.P.C. seeking restoration of the appeal to the file of the appellate Court. The said I.A. was allowed on condition that appellant shall deposit half of the suit costs. The appellant failed to do so within the time stipulated. Therefore, I.A. No. 804 of 2008 was dismissed on

19.1.2009. Aggrieved thereby, the present appeal is filed. In spite of service of notice, none appeared for the respondent. After admission of the C.M.A., stay of operation of the decree in O.S. No. 1263 of 1998 was granted on 29.7.2009, on condition the appellant deposits an amount of Rs.5,000/- within a period of one week from that day. In fact, the appellant complied with the said order. The facts would reveal that there was some lapse and mistake on the part of the appellant in depositing the amount as directed by the lower appellate Court. However, after filing this appeal, he has deposited Rs.5,000/- to the credit of the suit, which is more than half of the suit costs. Under those circumstances, the impugned order dated

19.1.2009 is set aside and the I.A. is ordered accordingly. Thus, A.S.No.41 of 2005 stands restored to the file of VIII Additional District Judge (FTC), Guntur. The C.M.A. is allowed accordingly. No order as to costs. JUSTICE C.V. RAMULU. Date: 24-6-2010. MVB.