THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.4577 of 2006 ORDER: Heard both sides. The petitioner is the defendant, who files this revision under Section 115 C.P.C., inter alia, seeking to assail the correctness of the order dated 21.07.2006 passed in I.A.No.1664 of 2005 in O.S.No.523 of 2003 on the file of the Court of III Senior Civil Judge, City Civil Court, Secunderabad. The I.A.No.1664 of 2005 was filed by the petitioner for condonation of delay of 95 days in setting aside the ex parte decree dated 22.07.2005 passed in the suit. The Court below, taking into account various aspects and chequered events that took place, did not find favour with the reasoning given by the petitioner and dismissed the said application. Hence, this revision. Having heard the learned counsel for both sides and having perused the material on record, it is seen that since suit is one for recovery of money for supply of goods, the trial Court ought to have given an opportunity to the petitioner. Though the learned counsel for the petitioner states that the petitioner filed an application before the Court below for setting aside the ex parte decree passed in the suit, the learned counsel for the respondent denied the same. Irrespective of the fact whether such application was filed, since the delay is not such a long time, an opportunity should be given to the petitioner to put-forth his defence in the suit. Therefore, the Civil Revision Petition is allowed and accordingly the impugned order dated 21.07.2006 passed in I.A.No.1664 of 2006 in O.S.No.523 of 2003 on the file of the Court of III Senior Civil Judge, City Civil Court, Secunderabad is set aside and I.A.No.1664 of 2006 stands allowed. The Court below is directed to dispose of the application filed by the petitioner seeking to set aside the ex parte decree dated 22.07.2005 passed in the suit, on merits, after giving opportunity to both sides, in accordance with law. No costs. ___________________ B. PRAKASH RAO, J 15th July, 2010 GHN