HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.1289 of 2011 ORDER: The revision is filed against the order in I.A.No.191 of 2009 in O.S.No.216 of 2008 on the file of the Principal Junior Civil Judge, Parvathipuram, Vizianagaram District, in dismissing an application to condone the delay of 43 days in filing the application to set aside the ex parte decree. However, the learned counsel for the revision petitioner says that it is only 13 days after excluding the permitted 30 days. 2. Evidently, the suit is one with regard to immovable property and the petitioner has also engaged an Advocate. The lower Court has given several reasons as to the laches on the part of the petitioner. But however, the petitioner and her husband have engaged the Advocate, but the written statement could not be filed. Even if the written statement is not filed within the statutory period as observed by the lower court, it can be received by condonation of the delay. 3. Therefore, in view of the fact that the rights in immovable property are involved and as the petitioner is a lady, the rejection of the application for condonation of the delay by the lower Court does not appear to be proper and in view of the circumstances stated in the petition affidavit, the delay is condoned. 4. In the result, the Civil Revision Petition is allowed. The lower Court is directed to proceed with the disposal of the application under Order IX Rule 13 of the Civil Procedure Code within one month and within that period, the petitioner also shall file the written statement before the lower Court to facilitate the lower Court to consider the setting aside the ex parte decree and thereafter if the decree is set aside, the suit shall be disposed of within six months. Accordingly, the revision petition is allowed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 09.06.2011 Note: C.C. by tomorrow (B/o.) INL