HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5327 of 2009 Date: 23-07-2010 Between Moram @ Mora Inna Reddy ………… Petitioner And Moram Sivanagendram and others …… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5327 of 2009 ORDER: This Revision Petition is filed under Section 115 of C.P.C. inter alia seeking to assail the order, dated 07-09-2009 in I.A.No.1636 of 2005 in O.S.No.221 of 2003 on the file of the Principal Senior civil Judge, Narasaraopet, Guntur District, dismissing the Application filed under Section 5 of the Limitation Act to condone the delay of 506 days in filing a petition under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree in the suit. The suit was filed by the respondents herein for partition. The petitioner is defendant No.2 in the said suit. Defendant No.1 is no other than the brother of the petitioner. It is the case of the petitioner that he entrusted the matter to D-1 to look after the litigation on his behalf and that he came to know about the ex parte decree only when the Advocate Commissioner visited the schedule property. The lower Court, after the matter is contested by both parties, observed that the reasons given by the petitioner for condonation of the delay are not valid and especially for such a long delay, day to day delay has to be explained and further it is also pointed out that the petitioner did not even issue instructions to prepare the written statement to file in the suit. Across the bar also there is a dispute as to whether the written statement was filed by the petitioner. In view of the explanation given by the petitioner for such long delay on his part and having regard to the reasoning given by the lower Court in dismissing the Application, no indulgence need be shown in favour of the petitioner. Thus, the lower Court rightly dismissed the Application through the impugned order, and there are no grounds to interfere with the same. Accordingly, the Civil Revision petition is dismissed. No order as to costs. ________________ B. PRAKASH RAO, J Date: 23-07-2010 YCR