HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION No. 2981 OF 2010 Friday, the Twenty Third day of July, Two Thousand and Ten Between C.Bhagyalakshmi d/o Devanand Petitioner AND K.Venugopal Raju Respondent ORAL ORDER: This Civil Revision Petition is filed by the defendant in O.S. No. 635 of 2008 aggrieved by the order dated 23.6.2010 passed in I.A. No. 545 of 2009 by the learned XI Junior Civil Judge, City Civil Court, Secunderabad, dismissing the petition filed under Sec. 5 of Limitation Act to condone the delay of 59 days in filing the petition under 9 Rule 13 CPC to set aside the exparte decree dated 17.3.2009 passed in the above suit. Learned counsel for the petitioner submits that the court below erred in accepting the endorsement of unclaimed made by the courier services people imputing knowledge of passing of the exparte decree to the petitioner herein more particularly observing that the notice issued under Sec. 106 of the Transfer of Property Act by the counsel for the respondent was served through courier. As can be seen from the facts and circumstances of the case, there is nothing on record to show that the petitioner had the knowledge of the notice got issued by the respondent. It is her case that she came to know about the passing of the exparte decree only when the respondent’s counsel sent the notice about the same on 17.3.2009. Having gone through the order impugned, neither there seems to be proper service of notice on the petitioner nor the factum of knowledge of passing of the impugned exparte decree against the petitioner can be inferred from the facts and circumstances of the case. Condoning the delay in setting aside the exparte decree, in the facts and circumstances of the case, is also just in view of the fact that it is always advisable to invite a judgment on merits after contest. Consequently, the Civil Revision Petition is allowed setting aside the order impugned and directing the court below to restore the suit to its original file and dispose of the same within a period of six month from the date of receipt of a copy of this order. No order as to costs. ________________________ Justice T. Meena Kumari July 23, 2010 MAS