HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5958 of 2005 Date: 09-09-2010 Between: Sri Nitin Mehta …… Petitioner and M/s. Pennar Paternson Securities Ltd and others …. Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5958 of 2005 ORDER: The petitioner filed this Revision Petition, invoking Section 115 of C.P.C., inter alia, seeking to assail the correctness of the dismissal order, dated 04-07-2005, in I.A.No.121 of 1997 in O.S.No.1309 of 1994 on the file of the I Senior Civil Jude, City Civil Court, Hyderabad, purported to have been filed under Section 5 of the Limitation Act, seeking condonation of the delay of 74 days in filing the Application to set aside the ex parte decree, 22-01-1997 in a money suit filed by the first respondent herein. The plea of the petitioner is that he is not at all aware of the proceedings and therefore, he could not approach the Court in time and even before passing of the ex parte decree also, there was no notice to him and therefore, in filing the Application to set aside the ex parte decree, there is a delay of 74 days, which is accidental and not intentional. Therefore, he seeks to condone the delay. The Court below, after contest, did not point out any ground to show indulgence in favour of the petitioner and accordingly, dismissed the Application. Hence, the Revision Petition. On perusal of the entire record and on consideration of the submissions made on either side, it is quite apparent that the petitioner has come up with a specific plea that he is totally unaware of the proceedings and as and when he came to know about the proceedings, he filed the present Application and there is a delay of 74 days in filing the same. Furthermore, neither in the counter affidavit nor in the order of the Court below, there is nothing to show that the petitioner has knowledge about the proceedings and inspite of such knowledge, he did not approach the Court in time and there is no diligence on his part. In the circumstances, the Court below ought to have condoned the delay, more so with a view to give opportunity to the petitioner to contest the matter on merits rather than disallowing such opportunity. In the result, the Civil Revision Petition is allowed and the order, dated 04-07-2005 in I.A.No.121 of 1997 is set aside. Consequently, I.A.No.121 of 1997 stands allowed condoning the delay of 74 days. The other Application filed to set aside the ex parte decree, dated 22-01-1997 is also allowed and the said ex parte decree is also set aside. The Court below is directed to dispose of the main suit, after giving opportunity to both the parties, on merits in accordance with law. No order as to costs. _______________ B. PRAKASH RAO, J Date: 09-09-2010 YCR