THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5810 of 2009 ORDER: The petitioner filed O.S.No.118 of 2007 in the Court of the Additional Senior Civil Judge, Kurnool against the respondent for recovery of amount on the strength of a promissory note. After affecting substituted service, the trial Court passed an ex parte decree, dated 18.12.2007. The petitioner filed an execution petition and sale proclamation was published in a Newspaper. At that stage, the respondent filed an application to set aside the ex parte decree. Since there was delay of 399 days, he filed I.A.No.42 of 2009 under Section 5 of the Limitation Act. He pleaded that he was not at all aware of the suit proceedings and that the newspaper through which substituted service was affected does not have any circulation at all. The application was opposed by the petitioner. Through its order, dated 08.07.2009, the trial Court allowed the I.A. and condoned the delay. The same is challenged in this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The notice in the suit sent to the respondent was not served. Therefore, the petitioner took steps for affecting substituted service. The publication was made in a daily, by name Praja Shakthi. The respondent did not turn up and an ex parte decree was passed. Stating that he came to know about the decree only when the notification for sale of the property was published in a daily, by name Eenadu, he filed applications under Order 9 Rule 13 C.P.C. and Section 5 of the Limitation Act. It is not in dispute that the newspaper through which the substituted service was affected does not have much circulation. The petitioner himself has chosen to affect publication of sale notification in a different daily. The trial Court took note of these aspects and passed the order under revision. However, the condition imposed by the trial Court is totally inadequate. The petitioner has incurred expenditure for initiating executing proceedings etc. It is felt that ends of justice would be met if the petitioner is awarded costs of Rs.5,000/-. Therefore, the civil revision petition is partly allowed modifying the order under revision to the effect that the delay shall stand condoned on payment of Rs.5,000/- (rupees five thousand only) to the petitioner, within a period of four (4) weeks from today. _______________________ L.NARASIMHA REDDY,J Dt: 15.12.2010. kdl