THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.2309 OF 2008 DATED:19-10-2010. Between G.Marreddy … Petitioner And Bal Reddy …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.2309 OF 2008 ORDER: This revision under Article 227 of the Constitution of India is directed against the order, dated 26-02-2008 in I.A.No.2730 of 2007 in O.S.No.449 of 2006, on the file of the II Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, whereunder and whereby the application filed under Order IX Rule 13 CPC to set aside the ex parte decree, dated 08-03-2007, was allowed. 2. On 09-06-2006 the respondent herein received summons, but he did not appear. Therefore, an ex parte decree was passed on 08-03-2007. In pursuance of the decree, warrant was executed on 11-12-2007. Thereafter, the present application was filed on 20-12-2007 and the same was allowed. Admittedly, the application to set aside the ex parte decree was not filed within one month as contemplated under Article 123 of the Limitation Act. The contention of the respondent herein that he was having knowledge with regard to the execution of the decree on 20-12-2007 cannot be accepted in view of the fact that he received summons in the suit in the year 2006 itself. Though he received summons, he did not contest the suit. Therefore, when the respondent received summons, question of knowledge does not arise. Limitation starts from the date of decree. In view of the fact that no application was filed to condone the delay in filing the application under Order IX Rule 13 CPC, the present application is liable to be dismissed. 3. Accordingly, the Civil Revision Petition is allowed leaving open the remedies available to the petitioner under law and consequently the application filed by the respondent herein is dismissed. No order as to costs. _______________ K.C. BHANU, J DATED:19.10.2010 Hsd