HONOURABLE MR.JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4492 of 2009 ORDER: The petitioner herein is the defendant who seeks to assail the order rejecting an application filed under Section 5 of the Limitation Act to condone the delay of 828 days in filing the petition to set aside the ex parte decree dated 03/04/2006. Admittedly, the suit is for partition and there is a delay of 828 days in filing the petition to set aside the ex parte decree dated 03/04/2006. In spite of the same, the petitioner could venture to file the present application with an affidavit of SMS nature with the following averments: “I submit that on the date of argument in the above case O.S.No.260 of 1998 I am in another village, therefore, I am not presented in time. The Hon’ble Court passed the ex parte decree and I came to know about the same after receiving the notice served on me, therefore, I am filing this petition to set aside the ex parte decree and condone the delay of 825 days.” Even on a bare reading of the aforesaid precise para, nothing has been made out to warrant to show any indulgence in favour of the petitioner. No details are forthcoming and no reasons are given nor any plausible explanation is also forthcoming concerning such a long delay. The Court below has rightly dismissed the application on the ground that the petitioner has shown no cause much less a sufficient one. There are no merits. The Civil Revision Petition is accordingly dismissed. No order as to costs. _________________ B.PRAKASH RAO, J Date: 25th September, 2009 SKM