THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY C.R.P.No.3071 of 2009 ORDER: The respondent filed O.S.No.113 of 2008 in the Court of Senior Civil Judge, Rajampet, against the petitioner, for recovery of certain amount. The suit was decreed ex parte on 15.12.2008. The petitioner filed I.A.No.818 of 2009 under Order IX Rule 7 CPC, with a prayer to set aside the ex parte decree, dated 15.12.2008. The trial Court did not proceed with the I.A., on the ground that the file has been sent to the District Court, for an enquiry, and further steps would be taken after obtaining specific orders from the District Court or the High Court. The petitioner feels aggrieved by the endorsement, dated 24.06.2009. Heard the learned counsel for the petitioner. A report has been called for from the learned Senior Civil Judge as to the status of the case. It is stated that the suit was decreed ex parte on 15.12.2008 and the file in that case, together with various other similar matters, was sent to the District Court in the context of an enquiry. It is also stated that the file has since been returned. It is evident that no enquiry is pending in relation to the suit. Be that as it may, once the record discloses that an ex parte decree has been passed, the petitioner has to file an application under Order IX Rule 13 CPC together with an application for condonation of delay. Therefore, the I.A. is not maintainable in law. Hence, the Civil Revision Petition is dismissed, leaving it open to the petitioner to file an application under Order IX Rule 13 CPC, if required, along with an application under Section 5 of the Limitation Act. As and when such applications are filed, the Court below shall consider the same on its own merits, without keeping them pending on the ground that any enquiry is pending. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Date: 03.08.2009 sj