HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P. No. 263 OF 2010 Friday, the twenty Eighth day of January, Two Thousand and Eleven Between Y.Vijaya Laxmi Petitioner AND K.Hanumanth Rao Respondent ORAL ORDER: This Civil Revision Petition is filed by the defendant in O.S. No. 166 of 2007 aggrieved by the order dated 2.11.2009 passed in I.A.No. 409 of 2009 by the learned I Additional Senior Civil Judge, Guntur, dismissing the petition filed under Sec. 5 of Limitation Act to condone the delay of 202 days in filing the petition to set aside the exparte decree dated 12.11.2008 passed in the above suit. The respondent herein filed the suit for specific performance of the Agreement of Sale dated 12.05.2005. The petitioner filed vakalath and also the written statement and entrusted the matter to her cousin to pursue the matter with the counsel and for the default of her cousin, she has lost contact with the counsel and received notices in IA No. 54 of 2009 seeking permission of the court to pay the balance consideration. On enquiry, she came to know that the suit was decreed exparte on 12.11.2008. It is stated that she was not keeping good health and, hence, she could not file application to set aside the exparte decree and, as such, she filed the present I.A. No.409 of 2009 to condone the delay of 202 days in filing an application to set aside the exparte decree. The court below dismissed the application on the sole ground that even after I.A. No. 54 of 2009 was disposed of on 12.6.2009, she did not care to file the v application and it speaks volumes about the conduct of the petitioner. Aggrieved by the same, the defendant preferred this Civil Revision Petition. The suit is filed for the specific performance of the agreement of sale. Since, substantive rights of the parties are involved in the matter, condoning the delay in setting aside the exparte decree, in the facts and circumstances of the case, is also just in view of the fact that it is always advisable to invite a judgment on merits after contest. Consequently, the Civil Revision Petition is allowed setting aside the order impugned, subject however to the condition of the petitioner paying a sum of Rs.1,000/- to the respondent herein towards costs. The court below is directed to restore the suit to its original file and dispose of the same within a period of three month from the date of receipt of a copy of this order. __________________________ Justice Ghulam Mohammed January 28, 2011 MAS