THE HONOURABLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.5550 of 2009 ORAL ORDER: Heard the learned counsel for the petitioner. 2. This Civil Revision Petition is directed against the order and decree, dated 22.09.2009, passed by the Judge, Family Court-cum-IV Additional District and Sessions Court, Vijayawada, allowing the application in I.A.No.420 of 2008 in O.P.No.454 of 2007, filed under Section 5 of the Limitation Act seeking to condone the delay of 169 days in filing the petition under order IX Rule 13 of the Code of Civil Procedure, to set aside the ex parte decree passed against the petitioner. 3. The petitioner is the husband and the respondent is the wife. 4. For the sake of convenience, in this order, the petitioner and the respondent will be referred to as “the husband and “the wife”, respectively. 5. It is not in dispute that the husband filed the said O.P. seeking divorce and obtained ex parte decree on 13.11.2007. Subsequently, the wife filed the present application before the Court below seeking to condone the delay in filing the petition to set aside the ex parte decree passed against her. 6. The Court below passed the impugned order on considering the evidence adduced by both the parties and on the basis of the documentary evidence on record. The same does not suffer from illegality or infirmity or irregularity warranting interference by this Court. 7. Hence, I see no grounds to interfere with the discretional order passed by the Court below and accordingly, the Civil Revision Petition is liable to be dismissed. 8. In the result, the Civil Revision Petition is dismissed. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 22nd January 2010 dr