IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1660 of 2008 Between: Patibandla Sridevi ..... PETITIONER AND M.Varalakshmi and another .....RESPONDENTS The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1660 of 2008 ORDER: Heard. The petitioner is the 1st defendant in O.S.No.4/2004 on the file of the Judge, Family Court, Visakhapatnam. When the suit was posted for enquiry on 04.06.2007 the 1st defendant was called absent and w a s set ex parte and an ex parte decree was passed. The petitioner/1st defendant filed an application to set aside the ex parte order along with an application in I.A.508/2007 seeking to condone the delay of 20 days in filing application under Or.9 Rule-13 CPC and the same was dismissed by the Court below on the ground that there is no proper explanation with regard to delay and there are no sufficient reasons. It is stated by the petitioner/1st defendant that her counsel went out of country and advocate clerk went to Tirupathi and due to pressure of work and oversight the advocate clerk did not entrust the case file to any other junior advocate for representing the matter on behalf of the petitioner/1st defendant. It is further stated that she was not directed by her counsel to attend the Court on 04.06.2007 and therefore, she was unable to attend the Court on 04.06.2007 and there is no willful and wanton intention on the part of the petitioner/1st defendant in not attending the Court on 04.06.2007. Having regard to the facts and circumstances of the case, I am of the opinion that as the matter relates to claim of death benefits of the deceased, the Court below ought to have condone the meager delay of 20 days in filing application under Or.9 Rule-13 CPC. In that view of the matter, the Civil Revision Petition is allowed setting aside the impugned order, and accordingly I.A.508/2007 in O.S.4/2004 stands allowed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 11.11.2010 Dsr