THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5180 OF 2008 ORDER: Heard the learned counsel for the petitioner. Though served none appears for the respondents. The petitioner filed this revision under 115 of the Code of Civil Procedure, 1908, inter alia, assailing the order dated 18.08.2008 in I.A.No.405 of 2007 in an unnumbered A.S., on the file of the District Judge, Guntur, in rejecting the said application filed under Section 5 of the Limitation Act, 1963, to condone the delay of 3225 days in filing the appeal against the judgment dated 24.03.1998 in O.S.No.68 of 1994 on the file of the Additional Senior Civil Judge, Guntur. The case, in brief, is that in a suit for specific performance of contract of sale, an ex parte decree was passed. The same was not in the knowledge of the petitioner and later, during the execution of notice, he came to know about the same and he filed an application to set aside the ex parte. But the trial Court dismissed the same. To file appeal on the said decree, there was delay and the said application for condonation of delay was dismissed by the Court below. It is the case of the petitioner that the delay is purely accidental and not intentional. Further, he raised several questions affecting the substantial rights of the parties. The delay needs to be condoned so that the mater has to be disposed of on merits. Hence, the revision. It is seen that the suit is of comprehensive nature seeking specific performance in regard to substantive properties. No doubt the petitioner stood ex parte and did not participate in the proceedings. However, necessarily, the petitioner should be entitled to raise all such objections since there is no dispute in regard to the fact that he has filed an application to set aside ex parte and it has taken three {3} years and thereafter, the present appeal has been filed. In view of the same, there has been substantial delay on the face of it. Hence, with a view to give an opportunity to the parties, so that they can receive orders on merits, rather than denying such opportunity, the Civil Revision Petition is allowed. Consequently, I.A.No.405 of 2007 is also allowed and the delay of 3225 days in filing the appeal is condoned. The Court below shall dispose of the appeal in accordance with law, after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 18th June 2010 RRB