HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.4258 of 2010 Dated 18th March, 2011 Between: Maddala Hilda Evangeline .. Petitioner And 1. Bethel Prarthana Mandiram and others .. Respondents This Court made the following: HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.4258 of 2010 ORDER: This revision is filed against the order dated 31-05- 2010 in I.A.No.1657 of 2008 in O.S.No.60 of 2006, dismissing an application to condone the delay of 629 days to file an application to set aside the ex parte decree. 2. O.S.No.60 of 2006 was filed for declaration of title to the property and also for a declaration that the judgment and decree in O.S.No.641 of 1994 on the file of the Principal Junior Civil Judge, Khammam is null and void. 3. The revision petitioner herein is the first defendant in O.S.No.60 of 2006 and also the plaintiff in O.S.No.641 of 1994. According to the case of the revision petitioner, though he has engaged an advocate and written statement was prepared, it cannot be filed as he was away from Khammam. Evidently, the relief claimed in the suit is to declare a decree already obtained by the plaintiff as null and void which is also said to have been confirmed in the appeal. Though the plaintiffs in this suit may not be parties to the proceedings in the earlier suit, still they are challenging the decree of the Court. Therefore, without going into merits of this case and since the lower Court felt that there is no proper explanation for the delay claimed by the plaintiff, in the interest of justice, the order of the lower Court is set aside and the petitioner shall adduce evidence about the reasons for not filing the written statement and remaining ex parte on the date of passing of the ex parte decree and the respondent also shall be at liberty to adduce evidence and after considering the evidence on merits, the lower Court shall pass necessary orders. 4. With the above observation, the Civil Revision Petition is allowed. No costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO 18th March, 2011 VJL