THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.6365 OF 2005 ORDER: Heard the learned counsel for the petitioner. Though served, none appears for the respondent. The petitioner filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 12.09.2005 in I.A.No.1200 of 2005 in O.S.No.609 of 2004 on the file of the Principal Junior Civil Judge, Guntur, in rejecting the application filed under Section 5 of the Limitation Act, 1963, to condone the delay of ten {10} days in filing the petition to set aside the ex pare decree. The facts, in brief, are that in a suit filed for recovery of money, the petitioner was set ex parte since there was no representation on 04.03.2005. Subsequently, the restoration application has been filed along with the present application on the ground that the petitioner was suffering from fever and loose motions on the said date and as such, he was unable to attend the Court. After contest, the Court below did not find favour with the reasoning given by the petitioner and dismissed the same. Hence, the revision. Considering the submissions made and on perusal of the material available on record, it is to be seen that the petitioner has already paid a sum of Rs.10,000/- in terms of the conditional order granted by this Court dated 31.03.2006 in CRPMP.No.1943 of 2006. In view of the same and especially in view of the fact that the delay is only ten {10} days, it would suffice in the interest of justice to provide an opportunity to the petitioner to contest the suit. Since the petitioner is said to have already filed a written statement and denying the liability, all the remaining questions have to be gone into in the suit. In the circumstances, the Civil Revision Petition is allowed and I.A.No.1200 of 2005 is also allowed. It is made clear that the application seeking to set aside the ex parte decree also stands allowed and the ex parte order dated 04.03.2005 is set aside. The Court below shall dispose of the suit in accordance with law after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 17th June 2010 RRB