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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL     APPEAL     NO.6641      OF     2012   

(SPECIAL LEAVE PETITION(C.)NO.27883 OF 2010)  DEVINENI PADMAJA  APPELLANT

VERSUS VUNDAVALLI SRINIVASA RAO               RESPONDENT

O     R     D     E     R   

1. Leave granted. 2. This appeal is directed against the judgment and  order passed by the High Court of Judicature of Andhra  Pradesh at Hyderabad in Civil Revision Petition  No.1188 of 2009, dated 26.3.2010.  By the impugned  order, the High Court has allowed the Revision  Petition and has directed the lower Appellate Court to  decide the case on merits. 3. We have heard learned counsel for the parties to  the lis. 4. Plaintiff's suit was for recovery of a sum of  Rs.2,35,100/- with interest thereon. The suit was  based on a pro-note. The Trial Court had decreed the  suit. 5. Being aggrieved by the aforesaid judgment and  decree passed by the Trial Court, the Defendant had  filed  an  appeal  before  the First  Appellate Court.

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Since there was a delay of 992 days in filing the  appeal, they had also filed an application under  Section 5 of the Limitation Act, 1963.  The First  Appellate Court rejected that application and  consequently, the appeal was also rejected.  Being  aggrieved by the aforesaid order, the Defendant had  filed a Civil Revision Petition before the High Court  being Civil Revision Petition No.1188 of 2009. 6. The High Court, after hearing the parties, has  allowed the Civil Revision Petition and has set aside  the orders passed by the lower Appellate Court.  Further, the Court had directed the Defendant to  deposit half of the decretal amount within six weeks'  from the date of receipt of the copy of the Court's  order.  Further, the Court had permitted the Plaintiff  to withdraw half of the amount so deposited. 7. Aggrieved by the said order passed by the High  Court, the Plaintiff is before us in this appeal. 8. During the pendency of this appeal, we had  directed the Defendant to deposit a sum of  Rs.2,50,000/-.  Pursuant to the aforesaid order, the  Defendant has deposited the aforesaid amount before  this Court.

9. We also note that pursuant to the directions  issued by the High Court, the Defendant has also  deposited a sum of Rs.1,17,550/-.

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10. We have gone through the orders passed by the  High Court. In our view, in the facts and  circumstances of the case, the High Court was  justified in condoning the delay in filing the appeal  by the Defendant and further directing the Defendant  to deposit certain amounts. 11. In view of the above, while disposing of the  appeal, we permit the Plaintiff to withdraw a sum of  Rs.2,50,000/- deposited by the Defendant before this  Court. However, he is restrained from withdrawing any  amount deposited by the Defendant before the Trial  Court.  12. In view of the disposal of the appeal, now the  First Appellate Court shall decide the appeal on  merits, as directed by the High Court while disposing  of the Civil Revision Petition No.1188 of 2009.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; SEPTEMBER 17, 2012