THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.1565 of 2009 Date of Order: 27-04-2011 Between: Goddalla Nagalakshmi ..Petitioner and Goddalla Ramu ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.1565 of 2009 Oral order: This revision is directed against the orders of the Family Court-cum- IV Additional District & Sessions Judge, Vijayawada in dismissing I.A.No.7 of 2008 in O.P.No.111 of 2007 filed for condoning the delay of 119 days in filing the petition to set aside the ex-parte decree dated 03-08-2007. Against the ex-parte decree granted against the petitioner/wife, she filed an I.A. under Order IX Rule 13 CPC to set aside the ex-parte decree. As there is a delay of 119 days in filing the said petition the impugned I.A. has been filed for condoning the delay. The lower court dismissed the same on the ground that the petitioner has not stated how she came to know about the ex-parte decree and not explained the delay properly. Therefore, the petitioner is not entitled to any relief. The lower court dismissed the I.A. in hyper technical manner. Since marital status of the petitioner is in dispute, she categorically stated that she has not received the summons from the court and she has no knowledge of filing divorce petition by her husband and she came to the same through neighbours. Therefore, she filed the present I.A. for setting aside the ex-parte decree. The reasons stated by the petitioner will constitute sufficient cause for condoning the delay. Therefore, the impugned order passed by the lower court dated 20-03-2009 is set aside and the delay of 119 days in filing the petition to set aside the ex-parte decree is condoned and the application filed under Order IX Rule 13 CPC to set aside the ex-parte decree also stands allowed. The petitioner/wife should file her written statement within four weeks from the date of receipt of a copy of this order and on filing the written statement, the lower court shall frame appropriate issues and proceed with the trial and decide the suit within six months from the date of framing the said issues. The Civil Revision Petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. 27-04-2011 Murthy