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.
Further, the Court had directed the Defendant to deposit half of the decretal amount within six weeks from the date of receipt of the companyy of the Courts order.
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.
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.
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.
Cont2/ 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.
Being aggrieved by the aforesaid judgment and decree passed by the Trial Court, the Defendant had filed an appeal before the First Appellate Court.
The First Appellate Court rejected that application and companysequently, the appeal was also rejected.
Further, the Court had permitted the Plaintiff to withdraw half of the amount so deposited.
The suit was based on a pro note.
Aggrieved by the said order passed by the High Court, the Plaintiff is before us in this appeal.
Plaintiffs suit was for recovery of a sum of Rs.2,35,100/ with interest thereon.
We have heard learned companynsel for the parties to the lis.
Pursuant to the aforesaid order, the Defendant has deposited the aforesaid amount before this Court.During the pendency of this appeal, we had directed the Defendant to deposit a sum of Rs.2,50,000/ .
Leave granted.
