THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.465 OF 2009 ORDER: This revision is directed against the order dated 20.10.2008 in I.A.No.997 of 2005 in O.P.No.35 of 2003 on the file of the Senior Civil Judge, Markapur, whereby and whereunder, the learned Senior Civil Judge condoned the delay of 54 days in filing the petition to set aside ex parte decree dated 24.03.2004 passed in O.P.No.35 of 2003 and consequently allowed I.A.No.998 of 2005 setting aside the ex parte decree. Background facts in nutshell leading to filing of this revision by the petitioner in O.P.No.35 of 2003 are that the petitioner and the respondent are husband and wife. The respondent filed O.P.No.35 of 2003 on the file of the Senior Civil Judge, Markapur, under Section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the ground of cruelty and desertion. Despite receipt of notice, she did not contest the matter and consequently, the O.P. came to be allowed on 24.03.2004 dissolving the marriage between the parties by granting a decree of divorce. Thereafter, the respondent herein filed two applications, one being I.A.No.997 of 2005 under Section 5 of the Limitation Act, 1963 {“the Act” for brevity}, to condone delay in filing the petition to file set aside and another application being I.A.No.998 of 2005 under Order IX Rule 13 of the Code of Civil Procedure, 1908 {CPC}, to set aside the ex parte decree dated 24.03.2004. The wife filed affidavit in support of the applications. It is stated in the affidavit that as on the date of granting decree of divorce, she was very much living with the petitioner- husband at Kothapalli and that she came to know of the decree passed by the Court on 27.10.2005 through one Jakka Kesalu, S/o.Chennaiah. For better appreciation, I may refer paras-5 and 6 of the affidavit filed by the respondent, which reads as hereunder. “I submit that the respondent herein wants to have divorce from me for none of my fault and in pursuance of his pythonic plan behind my back, he took divorce on 24.03.2004 and the said divorce petition was filed on the file of Senior Civil Judge Court, Markapur. As a matter of fact on 24.03.2004, I was living with my husband at Kothapalli, Thimmapuram Village of Giddalur Mandal. As a matter of fact, I have no knowledge about the said divorce. I submit that on 27.10.2005, one Jakka Kesalu, S/o.Chennaiah came to our village to express his condolence for the death of my father. Then, he informed me just two days back, he came to know about the divorce given by respondent to me at Markapur Court. He did not inform any date. Then, on 28.10.2005, I came to Markapur along with my brother and I made enquiries through my Advocate and I came to know that on 24.03.2004, the respondent herein has taken divorce from me. The said divorce is vitiated by fraud and without my knowledge and I have no knowledge of Court notices.” The husband filed counter contending that the wife being aware of the ex parte order in the O.P., entered into agreement dated 30.04.2004 and therefore, it is impermissible for the petitioner to plead ignorance of ex parte decree dated 24.03.2004 passed in the O.P. He also filed documents along with the counter, which are hereunder. 1) 30.04.2004 Agreement executed by the petitioner. Xerox copy. 2) 25.07.2005 Complaint given by the respondent to the District Collector, Ongole. “ 3) 26.07.2005 Endorsement of the District Collector, Ongole to Superintendent of Police, Ongole. “ 4) 03.09.2005 Statement of this petitioner given to S.I. of “ Police, Giddalur. 5) 18.09.2005 Enquiry report of S.I. of Police, Giddalur, to his S.P., Ongole. “ 6) 23.04.2005 Marriage fee receipt collected from this “ respondent by Manager Sri Velugonda Venkateswara Swamy Temple, Garladinee. 7) Fourteen Photos. Learned Senior Civil Judge, on considering the material brought on record and on hearing the learned counsel appearing for the parties, proceeded to condone the delay of 54 days in filing the application and also the application filed under Order IX Rule 13 CPC by common order dated 20.10.2008. Hence, this revision by the husband assailing the order passed in I.A.No.997 of 2005 filed under Section 5 of the Act. Notice before admission came to be ordered on 05.02.2009. The petitioner has been permitted to take out notice to the respondent by registered post with acknowledgment due and produced proof of service on 16.11.2009. He has also been permitted to take out notice to the respondent’s counsel appeared on her behalf in I.A.No.997 of 2005 in O.P.No.35 of 2003 on the file of the Senior Civil Judge, Markapur. In compliance of the order, the petitioner took out notice to the respondent and filed proof of service. Despite notice being served on the respondent, none appeared. Heard the learned counsel appearing for the petitioner and perused the material brought on record. Learned counsel appearing for the petitioner submits that the respondent-wife received an amount of Rs.70,000/- towards permanent alimony on 30.04.2004 and executed an agreement and the same has been attested by her father. That itself indicates that the respondent-wife was aware of the ex parte decree passed in O.P.No.35 of 2003. It appears that the petitioner-husband filed various documents along with the counter. Learned Senior Civil Judge, without referring the documents filed along with the counter, proceeded to allow the I.A, which amounts to non-consideration of the material documents. The order passed by the learned Senior Civil Judge does not indicate reference of any of the documents filed along with the counter. It is a fit case to interfere with order impugned in the revision in exercise of the powers under Article 227 of the Constitution of India. Accordingly, this Civil Revision Petition is allowed setting aside the common order dated 20.10.2008 in I.A.Nos.997 and 998 of 2005 in O.P.No.35 of 2003 on the file of the Senior Civil Judge, Markapur, and remanding the matter back to the trial Court for fresh consideration. There shall be no order as to costs. _______________________ (B.SESHASAYANA REDDY, J) 2nd March 2010 RRB