THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.4840 OF 2009 DATED: 12-11-2009 Between: Gedda Suri & 3 others. ..... PETITIONERS And Gedda Appayyamma & 5 others. .....RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 03-09-2009, in I.A.No.2867 of 2009 in un-numbered C.M.A. of 2007, wherein the said application filed by the revision petitioners under Section 5 of the Limitation Act to condone the delay of 57 days in presenting the appeal was dismissed. 2. Heard learned counsel appearing for the revision petitioners and the learned counsel appearing for the respondent- plaintiff. Perused the record. 3. It is stated that the respondent-plaintiff filed the suit for partition against the petitioners-defendants. An ex parte decree was passed against the petitioners and they filed an application for setting aside the ex parte decree. The trial Court after hearing both sides, allowed the said petition on condition of the petitioners depositing a sum of Rs.1,25,530/- on or before 17-08-2007, with a further direction that in the event of non-compliance, the petition shall stand dismissed. As the said amount was not deposited and there was no representation on behalf of the petitioners, on 17-08- 2007 the said application stood dismissed as per the orders already passed. Aggrieved by the same, petitioners filed an appeal before the District Judge, Vijayawada alongwith I.A.No.2818 of 2007 seeking condonation of delay of 57 days in filing the appeal. By the impugned order, the learned District Judge dismissed the said application on the ground that there are no bona fides on the part of the petitioners. 4. Admittedly, the decree passed against the petitioners was a n ex parte decree. Petition filed by the petitioners for setting aside the same was, in fact, allowed subject to the condition of their depositing a sum of Rs.1,25,530/-. Now, that the petitioners failed to comply with the said order which resulted in dismissal of the said application, petitioners filed the appeal before the learned District Judge with a delay of 57 days and sought condonation of the same on the ground that due to lack of legal knowledge and financial support they could not prefer appeal in time. Though the ground urged for condonation of the delay is not convincing, having regard to the fact that the delay in filing the appeal was only 57 days and also the fact that the amount directed to be deposited by the petitioners, as a condition precedent for setting aside the ex parte decree, was a huge amount of Rs.1,25,530/-, it is considered that an opportunity can be given to the petitioners-defendants to have their appeal disposed of on merits instead of rejecting the same in limini. 5. In the circumstances, it is considered that the delay of 57 days in filing the appeal can be condoned and the same is accordingly condoned in the interest of justice. The impugned order, dated 03-09-2009, dismissing I.A.No.2867 of 2007 is accordingly set aside. 6. In the result, Civil Revision Petition is allowed. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 12th November, 2009 Tsy