HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 281 OF 2009 Friday, the Twenty Fifth day of February, Two Thousand and Eleven Between Smt. M.Rama Petitioner AND M.G.L. Devara Respondent ORDER: The petitioner who is wife of the respondent filed IA No. 212 of 2008 in O.P. No.571 of 2007 on the file of the Judge, Family Court, Visakhapatnam, seeking to condone the delay of 73 days in filing the petition to set aside the exparte under Order 9 Rule 13 CPC stating that no notice was served on the petitioner and, therefore, the petitioner was not aware about filing of the said O.P. by the respondent herein seeking a decree of divorce and she was not having any knowledge and without serving the notice and after setting the petitioner exparte, an exparte order was passed in the above O.P. on 21.11.2007. To set aside the said exparte order, the petitioner filed an application, as there was a delay of 73 days in filing the petition to set aside the exparte order passed in IA No.212 of 2008, to condone the same, in which counter was filed by the respondent-husband opposing to condone the delay under Sec. 5 of the Limitation Act, making certain allegations about the conduct and behaviour of the petitioner-wife. In fact, a perusal of the counter affidavit shows that the condonation of delay is not seriously opposed. But, however, the learned Judge, Family Court, Visakhapatnam, by the impugned order dated 3.12.2008 dismissed the said application without properly assigning the reason. As it is a matrimonial matter relating to the husband and wife, I am of the opinion that the court below ought to have considered the said contention with regard to the service of notice. However, when substantial reason has been shown, the delay ought to have been condoned. Accordingly, the impugned order is set aside the Civil Revision Petition is allowed and I.A. No. 212 of 2008 in OP No. 517 of 2007 on the file of the Family Court, Visakhapatnam stands allowed. No order as to costs. ___________________ Justice V.Eswaraiah February 25, 2011 MAS