THE HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4249 of 2009 ORDER: This Civil Revision Petition is filed under Section 115 C.P.C against the order dated 20.05.2009 passed by the Family Court-cum- IV Additional District and Sessions Judge, Vijayawada, dismissing I.A.No.580 of 2006 in O.P.No.592 of 2003 filed by the petitioner–wife under Section 5 of the Limitation Act to condone the delay of 792 days in filing the petition to set aside the ex parte order obtained by the respondent-husband. This Court, by order dated 19.08.2011, referred the matter to the District Legal Services Authority, Machilipatnam for issuing notice to both the parties so that the matter can be settled amicably. The District Legal Services Authority, Machilipatnam sent a report stating that in pursuance of the order of this Court, dated 19.08.2011, they issued notices to both parties; that though the petitioner was served with notice, the notice sent to the respondent to the address furnished by him in the O.P. has been returned unserved; that the petitioner herein filed a memo stating that the respondent has been residing at Bhuvanagiri in Nalgonda District and furnished his present address and that they again sent notice to the respondent to the address furnished by the petitioner, but the same was also returned unserved with an endorsement “No such person in given address”. Having regard to the fact that the petitioner-wife is not being paid maintenance awarded by the Court below and she is unable to take out notice by way of substituted service and restoring the I.A will not cause any prejudice to the respondent, the impugned order is set aside and the I.A. is restored to file. On such restoration of the I.A., the IV Additional District & Sessions Judge, Vijayawada, shall refer the matter to the District Legal Services Authority, Machilipatnam, after ensuring the presence of the parties in the I.A. for settlement. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. ________________ A. GOPAL REDDY, J Date: 09.12.2011 va