THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.645 OF 2008 24th June 2010 BETWEEN : JONNOTHULA SUDHAKAR REDDY AND ANOTHER .. PETITIONERS AND KARKA MOHAN REDDY AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.645 OF 2008 O R D E R: The order of the Principal Junior Civil Judge, Warangal, in I.A.No.1651 of 2007 in O.S.No.2028 of 2006 dated 22-1-2008 is under challenge in this Civil Revision Petition. The petitioners are the defendants in the suit in O.S.No.2028 of 2006. The suit was decreed exparte on 7-4-2007. An application was filed under Order IX Rule 13 CPC, and a petition was filed to condone the delay of 59 days in filing the said application. The court below, noting that the only ground urged in support of the petition to condone the delay was lack of legal knowledge, came to the conclusion that the delay could not be condoned on sympathetic grounds, and that lack of legal knowledge was no ground for condoning the delay. It is wholly unnecessary for this court to dwell into this question, since the delay in filing the petition, under Order IX Rule 13 CPC, is just 59 days. The effect of dismissal of the condone delay petition is that the application filed to set aside the exparte decree would not be entertained and, as a result, the petitioners herein would suffer a decree without contest. On the other hand permitting the petitioners herein to contest the suit on merits, on the exparte decree being set-aside after the delay in filing such a petition is condoned, would enable them to contest the suit on merits. It is evident that the order passed by the court below has resulted in manifest injustice to the petitioners herein. In the light of the fact that the delay is only 59 days, I consider it appropriate to set aside the order under revision on terms. On condition that the petitioners herein deposit Rs.4,500/- (Rupees four thousand five hundred only) before the court below within one month from today, the delay of 59 days in filing the application under Order IX Rule 13 CPC shall be condoned. On deposit of the said amount the respondents- plaintiffs 1 to 3 shall be entitled to withdraw Rs.1,500/- each. Needless to state that failure on the part of the petitioners to deposit the said sum of Rs.4,500/- within the time stipulated herein above would result in revival of the order of the court below in I.A.No.1651 of 2007 dated 22-1-2008. On such payment the court below shall decide the application filed by the petitioners under Order IX Rule 13 CPC in accordance with law. The Civil Revision Petition is disposed of accordingly. 24th June, 2010. ( RAMESH RANGANATHAN, J ) cc in one week (bo) tnb THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO.645 OF 2008 24th June 2010.