HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5894 of 2007 Date: 10-02-2011 Between: Basireddy Brahmananda Reddy ………… Petitioner and Margadarsi Chit Funds Limited and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5894 of 2007 ORDER: The petitioner, who is the sixth defendant, filed this Civil Revision Petition, under Section 115 of C.P.C., inter alia, seeking to assail the correctness of the order, dated 02-11-2007 passed dismissing the Application in I.A.No.1013 of 2007 in O.S.No.203 of 2005 on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District, which was filed under Section 5 of the Limitation Act, seeking condonation of the delay of 287 days in filing the petition to set aside the ex parte decree, dated 17-08-2006. The suit has been filed for recovery of the money and an ex parte decree was passed. The petitioner filed an application to set aside the ex parte decree and as there is delay in filing the same, he filed the present application seeking condonation of the delay by pointing out the reasons as to why he could not present when the case is called. The petitioner stated that the address shown against him is not correct and he is residing elsewhere. The Court below did not find favouer and dismissed the application. Hence, the Civil Revision Petition. It is seen that at the time of admission, this Court has granted interim stay on 07-02-2008 in C.R.P.M.P.No.7802 of 2007, subject to the condition of the petitioner depositing Rs.25,000/- and it is represented that the petitioner has complied with the said order and deposited the amount. By taking into account the aforesaid reasons and the affidavit of the petitioner, it is quite desirable that an opportunity should be given to the petitioner. The Civil Revision Petition is, accordingly, allowed. The impugned order, dated 02-11-2007 passed in I.A.No.1013 of 2007 is set aside. Consequently, I.A.No.1013 of 2007 stands allowed. The application filed by the petitioner to set aside the ex parte decree, dated 17-08-2006 is also allowed. The Court below is directed to dispose of the main suit on merits, after giving notice and opportunity to both the parties. No order as to costs. _______________ B. PRAKASH RAO, J Date: 10-02-2011 YCR