THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN C.R.P. No.4307 of 2010 ORDER: Aggrieved by the order of the Senior Civil Judge, Penukonda, Anantapur District, in I.A. No.212 of 2010 in O.S. No.87 of 2007 dated 05.08.2010, the present revision is filed under Section 115 of the Civil Procedure Code. The Court below, in the application filed to condone the delay of 90 days in filing the petition under Order 9 Rule 13 of the Civil Procedure Code to set aside the ex parte decree dated 11.11.2009, observed that the petitioner-defendant, having appeared through an Advocate, had kept quiet from 11.09.2008 to 11.11.2009 i.e., for more than one year two months; it is only after a n ex parte decree was passed that he came forward with the petition to condone the delay of 91 days under Or.9 R 13 C.P.C; the only reason shown by the petitioner-defendant was that he was suffering from ill-health and could not contact his Advocate for more than one year three months; there was no certificate issued by the doctor to prove the petitioner-defendants alleged ill-health during the said period; the petitioner’s Advocate did not also file any certificate nor the affidavit in evidence of the petitioner- defendant’s prolonged ill-health; and the petitioner-defendant had filed the petition only after he had received attachment orders in execution proceedings in pursuance of the ex parte decree dated 11.11.2009. The Court below doubted the bonafides of the petitioner and observed that the petition was filed only to prolong the proceedings in the Suit and the E.P. While the Court below cannot be said not to be justified in rejecting the application for condoning the delay in setting aside the ex parte decree, it must be borne in mind that the suit is of the year 2007 and if the ex parte decree is permitted to continue to remain in force, then the plaintiff would be entitled to a decree without contest. I consider it appropriate in such circumstances to allow the revision, set aside the order of the Court below, and allow the application seeking condonation of delay in filing the application to set aside the ex parte decree, on condition that the petitioner deposits before the Court below a sum of Rs.10,000/- within a period of three weeks from today. On such deposit, the plaintiff would be entitled to withdraw the said amount. It is made clear that, in case the amount as directed by this Court, is not deposited, the petitioner may proceed to execute the decree in accordance with law. Ms. B. Tara Sujata, Learned Counsel for the respondent- plaintiff, would assert that the petitioner has not even challenged the earlier order dated 24.07.2008 whereby they were set ex parte for failure to file the written statement. The question whether the petitioner should be permitted to file the written statement can only be examined on an appropriate application being filed before the Court below. It is made clear, if any such application is filed, the Court below shall consider the same on its own merits uninfluenced by any observations made in this order. The Civil Revision Petition is disposed of accordingly. ___________________________ RAMESH RANGANATHAN, J 08.07.2011 Note: Issue copy in four days. B/o MRKR