THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.1398 of 2007 ORDER: The petitioner is the defendant, who filed this revision under Section 115 C.P.C., inter alia, seeking to assail the correctness of the order dated 08.02.2007 passed in I.A.No.588 of 2006 in O.S.No.829 of 2003 on the file of the Court of VI Additional Senior Civil Judge, Fast Track Court, Vijayawada, whereby the application to condone the delay in filing an application to set aside the ex parte decree dated 15.02.2006 passed in the suit was dismissed. Brief facts of the case are that the respondent/plaintiff laid the suit for recovery of money based on a promissory note and the petitioner/defendant filed a written statement. While so, when the counsel for the petitioner/defendant reported no instructions when the case was coming for cross-examination of P.W.1, the suit was decreed ex parte on 15.02.2006. Therefore, I.A.No.588 of 2006 was filed by the petitioner seeking to condone the delay in filing an application seeking to set aside the ex parte decree passed against him stating that due to ill-health and as he went to U.S.A. for better treatment and come back only on 05.11.2006, he could not contract his counsel. The Court below did not find favour with the reasoning of the petitioner and dismissed the said application. Hence, this revision. Having heard the learned counsel for both the parties and having perused the material on record, it is seen that the petitioner already filed written statement and due to ill-health and as he went to U.S.A. for better treatment, he could not contact his counsel and could not attend to the Court when the ex parte decree was passed against him. This Court, while admitting the revision on 05.04.2007, granted interim stay and later modified it on 05.12.2008 into a conditional stay directing the petitioner to deposit 50% of the decreetal amount with proportionate costs and interest. It is represented that the said amount was already deposited. Taking into consideration of the same, it is desirable to give an opportunity to the petitioner de hors the reasons given by him for his absence to the suit proceedings are true or false. Accordingly, the Civil Revision Petition is allowed and the impugned order dated 08.02.2007 passed in I.A.No.588 of 2006 in O.S.No.829 of 2003 on the file of VI Additional Senior Civil Judge, Fast Track Court, Vijayawada, is set aside and accordingly I.A.No.588 of 2006 and the application seeking to set aside the ex parte decree dated 15.02.2006 passed in the suit stand allowed and the suit is restored to file. The Court below is directed to dispose of the suit, on merits, after giving opportunity to both the parties, in accordance with law. No costs. ___________________ B. PRAKASH RAO, J 15th July, 2010 GHN