THE HON’BLE SRIJUSTICE V ESWARAIAH C.R.P.No. 5845 of 2010 ORDER: The petitioner herein is defendant, who suffered an ex-parte decree dated 30.11.2007 in O.S. No. 242 of 2007 on the file of the Junior Civil Judge, Bheemunipatnam. No petition was filed within the prescribed time to set aside the said exparte decree, however, after about 8 months, the petitioner filed an Interlocutory Application under Order 9 Rule 13 and section 151 of Civil Procedure Code to set aside the ex-parte decree, without filing an application under section 5 of the Limitation Act for condonation of delay, therefore the said application was dismissed. Against the said order, an appeal in C.M.A No. 15 of 2009 was filed and the same was dismissed by order dated 18.1.2010 by the Principal District Judge, Visakapatnam, observing that ‘even when the objection was taken about the limitation, no application was filed before the lower court for condonation of such delay, nor before the appellate Court to consider those applications’. Hence, the present revision. Heard the learned counsel for petitioner and perused the material available on record. I do not see any illegality or infirmity warranting interference of this Court. Accordingly, the revision petition is dismissed. No costs. _____________ V ESWARAIAH,J DATE: 21.1.2011 TVK THE HON’BLE SRIJUSTICE V ESWARAIAH C.R.P.No. 5845 of 2010 Date: 21.1.2011