IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3519 of 2006 Between: Dodda Srinivasa Rao ..... PETITIONER(S) AND Dodda Purnachandra Rao and others .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3519 of 2006 ORDER: Petitioner, who is the 2nd defendant, filed this revision under Section 115 of C.P.C. inter alia seeking to assail the correctness of the order of dismissal dated 23.06.2006 passed in I.A.No.357 of 2005 in O.S.No.60 of 2002 by the Additional Senior Civil Judge, Narasaraopet, Guntur District, purported to have been filed by him under Section 5 of the Limitation Act and Section 151 of C.P.C. with a prayer to condone the delay of 796 days in filing the petition to set aside the ex parte decree dated 02.07.2002 . Heard both sides. Perused the material available on record. The Court below, by taking into account the detailed counter filed by the 1st respondent/plaintiff, did not find favour to show any indulgence in favour of the petitioner and dismissed the application of the petitioner on the ground that he has totally failed to show any sufficient cause for such delay. It is pertinent to note that the suit is one for partition and the parties are inter-related. In view of the same, the Court below ought to have condoned the delay on terms so that it can give an ultimate decision on merits after regular contest, rather than allowing the one-sided proceedings to become final. As already held by this Court, rules are not framed to allow the decision in unilateral proceedings to become final or walk away with such proceedings. It is always desirable to have a decision become final in bilateral proceedings. In the circumstances, the Civil Revision Petition is allowed setting aside the order dated 23.06.2006 passed in I.A.No.357 of 2005 in O.S.No.60 of 2002 by the Additional Senior Civil Judge, Narasaraopet, Guntur District. Consequently, the application filed with a prayer to condone the delay of 796 days in filing the application to set aside the ex parte decree dated 02.07.2002 stands allowed and even the other application filed with a prayer to set aside the ex parte decree dated 02.07.2002 also stands allowed and the suit is restored to its file. The Court below shall dispose of the main suit after giving notice and opportunity to both sides on merits and in accordance with law. However, the revision is allowed subject to the petitioner paying Rs.1,000/- (Rupees one thousand only) as costs to the 1st respondent/plaintiff within a period of four weeks from today. There shall be no order as to costs in this revision. ____________________ B.PRAKASH RAO, J 15th July, 2010 CVRK