THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1738 OF 2008 ORDER: The petitioner-defendant filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 19.02.2008 in I.A.No.1507 of 2006 in O.S.No.1840 of 2004 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad, in allowing the petition filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 63 days in filing the application to set aside the ex parte decree dated 02.03.2006. After considering the reasons given, the Court below allowed the said petition subject to filing of the written statement within 30 days from the date of receipt of that order, i.e., by 19.03.2008. Hence, the revision. The main objection taken is in regard to the effect that it is only after the ex parte decree is set aside and the suit is restored to file and orders are passed to that effect, the question of filing written statement arises and imposing any such condition is wholly unsustainable. Having heard the learned counsel on either side and on perusal of the material available on record, especially in view of the fact that the order impugned is only a discretionary one, the Civil Revision Petition is, accordingly, allowed and the order dated 19.02.2008 is set aside. I.A.No.1507 of 2006 is allowed and the other application to set aside the ex parte order is also allowed. Since it is stated that the written statement has already been filed, the Court below shall expedite the hearing of the suit and dispose of the same as expeditiously as possible, not later than three {3} months from the date of receipt of a copy of this order. No costs. _________________ (B.PRAKASH RAO, J) 10th December 2010 RRB