THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5105 of 2010 ORDER: The respondent filed O.S.No.11 of 2005 in the Court of the Senior Civil Judge, Chirala against the petitioner alleging that the mother of the petitioner, by name Shaik Hussain Bee, borrowed amount, executed promissory note and did not repay the same. The petitioner engaged an Advocate. However, an ex parte decree was passed on 22.03.2007. The petitioner filed an application under Order 9 Rule 13 C.P.C. with a prayer to set aside the ex parte decree. Since there was delay of 197 days in filing the application to set aside the ex parte decree, she filed I.A.No.1901 of 2007 under Section 5 of the Limitation Act. She pleaded that her husband was attacked with the disease of T.B. at the relevant point of time and in that view of the matter, she could not pursue the remedies promptly. The application was dismissed through order, dated 25.11.2008. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondent. This is a rare case in which the trial Court has recorded oral evidence and received documentary evidence while deciding an application under Section 5 of the Limitation Act. The delay is 197 days. Apart from stating in the affidavit that her husband was attacked with T.B. at the relevant point of time, the petitioner has also filed out-patient tickets issued by as many as three hospitals as Exs.P1 to P3, medical reports and E.C.G. report marked as Exs.P4 to P6, case sheet and certificates issued by a proper hospital and the Superintendent of Government General Hospital, Guntur, as Exs.P7 to P9. With that evidence, there should not have been any difficulty for any Court to condone the delay. The trial Court proceeded on purely hyper-technical grounds. This Court is convinced that the delay is properly explained. It is brought to the notice of this Court that the respondent has the benefit of an order of attachment of the terminal benefits of the mother of the petitioner. Hence, the civil revision petition is allowed and the order under revision is set side. The delay is condoned and consequently, the ex parte decree, dated 22.03.2007, shall stand set aside. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:08.08.2011 kdl