THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.2879 of 2010 ORDER: This Civil Revision Petition is filed under Section 115 of Civil Procedure Code by defendant No.6 in O.S.No.403 of 2005 on the file of the learned Principal Senior Civil Judge, Warangal. The aforesaid suit was filed by respondent No.1 – Chit Fund Company, which is the plaintiff, for recovery of money. In the said suit, the petitioner herein is defendant No.6. On the ground that the petitioner refused to receive notice, basing on the report of the process server, the suit was decreed ex parte against him on 18.12.2006. The petitioner filed I.A.No.78 of 2010 seeking to condone the delay of 1120 days in filing application to set aside the ex parte decree. The same was rejected by the Court below vide order, dated 09.06.2010. It is contended by the learned counsel for the petitioner that the signatures of the petitioner were manipulated and he did not receive any notice in the suit or execution proceedings. It is submitted that as the proceedings were not within the knowledge of the petitioner, the Court below ought to have condoned the delay. Except the affidavit statements on oath by the petitioner, there is no other material. In spite of the report of the process server, the petitioner did not choose to examine him. Further, it is to be noted that in the execution proceedings, his salary was attached on 09.07.2009. Even thereafter, he did not file any application immediately. But, I.A.No.78 of 2010 was filed on 09.02.2010. In view of unexplained inordinate delay, the Court below correctly rejected the said I.A. by the impugned order. Merely because the petitioner has disputed the signatures on the pro-note that by itself is no ground to allow I.A.No.78 of 2010, which was filed to condone the delay of 1120 days. Had it been so, the petitioner would have taken such defence in the suit itself. But, having refused to receive the summons and having not proved that the report of the process server was not correct and in the absence of any valid reasons to condone the delay of 1120 days, I do not find any illegality in the findings recorded by the Court below in the impugned order warranting interference by this Court under Section 115 CPC. The Civil Revision Petition is devoid of merit and accordingly, dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 14th SEPTEMBER, 2010. kvni