HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.714 OF 2010 O R D E R: The Civil Revision Petition is filed against the order in I.A.No.4484 of 2009 in O.S.No.350 of 2005 on the file of III Additional Chief Judge, City Civil Court at Hyderabad, dismissing the application to condone the delay of 84 days in filing the application to set aside the ex parte decree. The lower Court dismissed the application holding that the suit was disposed of on merits since other defendants contested the suit and hence only appeal lies in the matter. 2. The learned counsel for the petitioner contends that the order of the lower Court is not sustainable and merely because the other defendants have contested the suit, the application by present defendant cannot be dismissed unless and until it is found that the decree is not indivisible and further determining as to whether the contentions raised by the other defendants and the present applicant are similar or not. It is also further contended that without hearing the other side and without giving notice to the other side, dismissing the application as not maintainable is not proper. The learned counsel for the respondent tried to contend that the revision petitioner has got knowledge of the proceedings, moved the present application and there are no bona fides in this application. 3. The contentions raised by the respondents are questions of fact, which are to be determined while considering the request for condonation of the delay. But, as the order under revision clearly goes to show that the lower Court has not enquired into the reasons for being absent on the date of the decree and further, the lower Court before dismissing the application as not maintainable should have heard the counsel for the petitioner and also should have noticed on what ground the decree even if it is passed on merits against the contesting defendants binds the present petitioner. 4. Therefore, the order of the lower Court suffers from infirmity and the order is set aside. The lower Court is directed to receive the counter and dispose of the application within three months from the date of this order. But, however, the stay with regard to the process of the final decree as confirmed in CRPMP No.2155 of 2010 shall continue. Accordingly, Civil Revision Petition is disposed of. No costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 01.08.2011. INL