THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Civil Revision Petition No.4815 of 2010 ORDER: The respondent filed O.S.No.183 of 2007 in the Court of Junior Civil Judge, Nandikotkur, against the petitioner, for the relief of perpetual injunction. After receipt of summons, the petitioner entered appearance. However, he was set ex parte and an ex parte decree was passed on 18.07.2008. The petitioner filed an application, under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree. Since there was delay of 65 days in filing the application, the petitioner filed I.A.No.35 of 2009, under Section 5 of the Limitation Act. The respondent opposed the application. The trial Court dismissed the I.A., through order, dated 16.08.2010. Hence, this revision. Heard Sri T.Sreedhar, learned counsel for the petitioner, and Sri K.Jagan Mohan Reddy, learned counsel for the respondent. The petitioner stated that he is a resident of Guntur District and at the relevant point of time, he has fallen ill. He has also filed a medical certificate, while seeking condonation of delay. It is a matter of record that the application under Section 5 of the Limitation Act was filed on 20.10.2008. The trial Court however, proceeded on the assumption that the application was filed in January, 2009 and that there was delay of six months. It is an error apparent on the face of the record. The petitioner explained the delay by citing the reasons of ill- health and he has also filed a medical certificate. The trial Court has taken a hyper-technical view of the matter. This Court is satisfied with the reasons pleaded by the petitioner for condonation of delay in filing the application to set aside the ex parte decree. The C.R.P. is accordingly allowed and the order under revision is set aside. As a result, I.A.No.35 of 2009 is allowed. Inasmuch the reasons that weigh with the Court for condonation of delay would hold good for setting aside the ex parte decree also, the application filed under Order IX Rule 13 C.P.C., shall also stand allowed. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.29.12.2010. GJ