THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3498 of 2007 ORDER: The petitioners/defendants 2 and 5 filed this Civil Revision Petition under Section 115 C.P.C., inter alia, assailing the order dated 03.07.2007 passed by the Senior Civil Judge, Ramachandrapuram in dismissing I.A.No.2061 of 2006 in O.S.No.18 of 2002 filed under Section 5 of the Limitation Act to condone the delay of 211 days in presenting the application to set aside ex parte decree in the said suit. Few facts, which are necessary, for disposal of the revision petition are that in the suit the first respondent/plaintiff sought for partition of the suit schedule properties. However, since the petitioners were not present, an ex parte preliminary decree was passed on 30.01.2006. Hence, the present application has been filed to condone the delay of 211 days in presenting the application to set aside the ex parte preliminary decree, as stated above. The Court below did not find favour with the reasons assigned by the petitioners herein, and especially, having gone into the chequered events that took place in the proceedings, dismissed the Interlocutory Application holding that no indulgence should be shown for the petitioners. Having considered the submissions made by the learned counsel for the petitioners, and also on perusal of the material available on record, it is seen that the suit itself is one for partition, which is a comprehensive relief, where the parties have claimed certain right, title and interest, effecting the substantial rights in respect of the substantive properties. Therefore, such comprehensive suit should be disposed of on merits, after giving proper opportunity to the parties, rather than denying the same and passing ex parte decree to become final, which would lead to allowing the parties to take advantage of certain non-existing claims also. No doubt, here the delay is about 211 days. In the affidavit filed in support of the application, which is common for condoning the delay and also to set aside the ex parte decree, it was stated that the petitioners are illiterate and not worldy-wise, and therefore, they could not possibly contact their counsel at the appropriate time to proceed with the case. Having regard to the facts and circumstances and the nature of the suit, it is felt desirable that an opportunity should be given to the petitioners. Therefore, the delay is condoned and the ex parte preliminary decree dated 30.01.2006 is set aside subject to the condition that the petitioners deposit costs of Rs.500/- (Rupees five hundred only) in the Court below, within a period of four weeks from today, and on such deposit, the respondents are permitted to withdraw the same, without furnishing any security. The Court below shall dispose of the suit on merits, after giving opportunity to both sides. The Civil Revision Petition is accordingly allowed. B.PRAKASH RAO, J Date: 24.06.2010 va