HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:1035 OF 2010 Dated: 29.10.2010 Between: 1. Pilla Venkateswara Rao and another. ..Petitioner And Mandala Kondababu. .. Respondent. This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:1035 OF 2010 ORDER: This revision is directed against the order, dated 9.11.2009 passed by the I Additional Senior Civil Judge, Rajahmundry in I.A.No.1527 of 2008 in O.S.No.610 of 2007. In spite of service of notice on the respondent and the Counsel representing him in the Court below, the respondent has not chosen to put appearance before this Court. The petitioners herein are the defendants before the Court below. The respondent herein filed the suit against the petitioners- defendants for recovery of an amount of Rs.3,17,197/- on the foot of a promissory note. On 24.6.2008, exparte decree was passed in the above suit. The petitioners-defendants filed the above I.A. seeking to condone the delay of 105 days in filing the petition to set aside the exparte decree. The Court below having observed that the defendants failed to explain the delay properly, dismissed the above I.A. Aggrieved by the same, the present revision has been filed. Heard the learned Counsel for the petitioners. Perused the material available on record. The reasons assigned by the 1st petitioner-defendant is that the 2nd petitioner is his wife and that he had been on pilgrimage to Amarnath Cave during June, 2008 and returned from pilgrimage in July, 2008 and he fell sick thereafter and underwent treatment during the month of August, 2008 and due to his illness he could not contact his counsel and the delay is not wanton and intentional and he came to know about the exparte decree only on receiving the notice on 20.9.2008 in the E.P. and he has no knowledge about the suit proceedings and he has not executed any pronote. The material on record goes to show that the summonses were served on 3.11.2007 in the suit and they engaged an advocate and filed vakalat. The 2nd defendant was set exparte on 29.1.2008 and the 1st defendant was set exparte on 23.4.2008 and subsequently, on 24.6.2008 the exparte decree was passed. The tickets filed by the petitioners-defendants are of dated 26.5.2008. The exparte orders were passed much earlier to their pilgrimage. But the petitioners- defendants did not take any steps to get those orders set aside. Therefore, it can be said that the petitioners-defendants are not diligent in pursuing the matter. In the present case, the delay is 105 days. In case of such inordinate delay, the reasons must be explained to the Court properly. The reasons explained by the petitioners do not constitute any sufficient cause to condone such abnormal delay. In this view of the matter, I have no hesitation to hold that the order of the Court below does not suffer from any irregularity or illegality warranting interference by this Court. Accordingly, the Civil revision Petition is dismissed. No order as to costs. ________________________ Justice A. Gopal Reddy Date: 29th October, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:1035 OF 2010 29.10.2010