THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4957/2009 Date of Order: 25-11-2011 Between: Malaji Venkata Swarupa Rani ..Petitioner and Malaji Nagarjuna ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4957/2009 Oral order: The respondent in OP No.596/2005 on the file of Judge, Family Court-cum-IV Additional District & Sessions Judge, Vijayawada filed this revision petition under Section 115 of the Code of Civil Procedure. On obtaining ex parte decree of divorce by the respondent- husband, the petitioner-wife herein filed petition to set-aside ex parte decree dt. 18-7-2007 passed in OP NO.596/2005. As there is a delay of 222 days in filing the petition under Order 9 Rule 13 CPC, the petitioner/wife filed IA No.277/2008 to condone the delay of 222 days in filing the petition to set aside ex parte decree passed against her on 18-7-2007 stating that the counsel who engaged her has not informed her the dates of adjournment and due that an ex parte decree was passed against her. This court while issuing notice before admission on 23- 10-2009, granted interim suspension of the operation of the order and decree dt. 18-7-2007 in OP No.596/2005 passed by the Judge, Family Court-cum-IV Additional District Judge, Vijayawada, until further orders. Notice sent to the counsel appearing on behalf of the respondent- husband in the trial court was served, whereas notice sent to the respondent-husband returned unserved with an endorsement “not claimed”, therefore, notice sent to the respondent-husband is deemed to have been served on him. Having regard to the fact that ex parte decree of divorce has already been suspended, the petitioner-wife should be given an opportunity to contest the OP. In view of the same, the impugned order passed by the trial court refusing to condone the delay is set-aside and consequently IA No.277/2008 shall stand allowed. In view of condonation of delay in filing petition to set- aside ex parte decree, the petition filed under order 9 rule 13 CPC seeking to set aside ex parte decree passed against the petitioner/wife shall also liable to be allowed and is accordingly allowed. The Civil Revision Petition is accordingly allowed. No costs. _______________ A.GOPAL REDDY, J. Dt.25-11-2011 kmr