IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.36 of 2008 Between: A.M.Basavaraj Gowd ..... PETITIONER(S) AND Dr A.Naganna Gowd .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.36 of 2008 ORDER: Petitioner who is the defendant seeks to assail the correctness of the order rejecting his application purported to have been filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay of 529 days in filing the petition to set aside the ex parte decree passed against him. Heard the learned counsel for both sides. Admittedly, the suit is filed for recovery of money based on a promissory note and that the same was decreed ex parte. The contention of the petitioner is that, since he was away from the village, no notice including the suit summons were received by him and so he was not aware of the suit and the Court below has dismissed his application taking into consideration the fact that notice in the Execution Petition was served on his wife who was residing away from him. Having regard to the facts and circumstances of the case and especially when it is the contention of the petitioner that no notice nor suit summons were served on him at all, the Court below should have conducted an inquiry as to whether the suit summons was served on him or not. In view of the same it is quite desirable that the matter can be gone into once again by the Court below especially on service of summons on the petitioner. In the circumstances, the revision petition is allowed setting aside the order dated 28.12.2007 in I.A.No.823 of 2007 in O.S.No.10 of 2005 on the file of the Senior Civil Judge, Adoni, for disposal afresh on merits and in accordance with law within three months from the date of receipt of a copy of this order after affording opportunity to both sides. No costs. ____________________ B.PRAKASH RAO, J 24th June, 2010 CVRK