THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.992 OF 2010 ORDER: The petitioner/plaintiff is under revision against the order dated 26.11.2009 passed by the Junior Civil Judge, Prathipadu, in I.A.No.4 of 2008 in O.S.No.28 of 2006 filed for condoning the delay of 417 days in filing the petition to set aside the default order dated 4.07.2006. In spite of service of notice on the respondents, they have not chosen to put up appearance. The petitioner/plaintiff instituted the suit for specific performance of the agreement, dated 15.06.1985, in which defendant received the suit summons and remained ex parte. The suit was posted for the evidence of the petitioner. Since the petitioner was not present on 4.07.2006, the same was dismissed for default. On dismissal of the suit, the petitioner filed an application under Order 9 Rule 9 C.P.C., for setting aside the ex parte order. Since there was delay in filing the said application the present I.A. came to be filed for condonation of delay, stating that he being aged about 66 years, shifted to Hyderabad and residing with his children for taking treatment for his old age ailments. Therefore, he could not contact the advocate, which resulted in dismissal of suit for default on 4.07.2006. The lower Court dismissed the I.A. holding that the petitioner failed to file proof of any documents about his residing in Hyderabad and taking treatment for the alleged ailments. In a similar suit in O.S.No.27 of 2006 filed by the petitioner, which was dismissed for default, and on dismissal of the condone delay petition in I.A.No.3 of 2008 for restoration of suit, C.R.P.No.4537 of 2009 filed by the petitioner was allowed by this Court on 20.11.2009 restoring the suit to its file, permitting the respondents therein to file an application along with written statement within a period of 30 days from the date of receipt of a copy of that order and on filing such written statement, the lower Court was directed to pass appropriate orders for setting aside the ex parte order and proceed with the suit after framing necessary issues. In the present case also the respondents/defendants were set ex parte since they have not filed any written statement. Therefore, subject to petitioner paying Rs.1000/- towards costs to the Legal Sevices Authority, Rajahmundry within a period of one month from the date of receipt of a copy of this order, the I.A. filed under Order IX Rule 9 C.P.C., stands allowed and the suit shall be restored to file. The respondents/defendants are at liberty to file an application along with written statement within a period of 30 days from the date of receipt of a copy of this order. On filing of written statement, the lower Court shall pass appropriate orders for setting aside the ex parte order against the respondents/defendants and proceed with the suit after framing necessary issues. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. ____________________ (A. GOPAL REDDY, J.) 9th April, 2010 Js. Note; Registry shall communicate a copy of this order to the respondents through the Mandal Legal Services Authority, Prathipadu.