THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.NO.91 OF 2011 ORDER This civil revision petition is directed against the order dated 9.12.2010 in I.A.81 of 2010 in O.S.No.139 of 2007 on the file of the Senior Civil Judge, Asifabad, wherein the said application filed by the petitioner herein under Section 5 of the Limitation Act to condone the delay of 184 days in filing the petition to set aside the ex parte decree passed on 10-09-2009, was dismissed. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the records. The respondent herein filed the suit against the petitioner for recovery of a sum of Rs.3,00,000/- and interest thereon. The petitioner herein filed a written statement and contested the suit on the ground that the suit promissory note was forged and fabricated. Necessary issues were settled for trial and at that stage, as the defendant was not appearing, an ex parte decree was passed on 10- 09-2009. The petitioner-defendant filed an application for setting aside the ex parte decree together with the present I.A.81 of 2010 for condonation of delay of 184 days under Section 5 of the Limitation Act. According to the petitioner, on account of illness of himself, his wife and children continuously for a considerable period, he could not be in touch with his counsel and his non- appearance before the trial Court was not deliberate. The trial Court refused to condone the delay on the ground that no medical certificate was produced in support of the continued illness and the delay is not satisfactorily explained. Learned counsel for the petitioner would submit that the petitioner previously worked in Ellandu and he was transferred to Srirampur and at that time, his family members and also himself fell sick and therefore, he could not contact his advocate in time and that the defendant has got substantial defence in the suit. According to him, the suit pronote is a fabricated document and therefore, an opportunity may be given to contest the suit. In the circumstances and having regard to the fact that the suit amount is substantial and the defendant is totally denying the suit transaction, it is considered just and proper that an opportunity be given to the defendant to contest the suit, so that the matter can be disposed of on merits, subject to certain directions. The defendant is, therefore, directed to deposit a sum of Rs.25,000/- to the credit of the suit within a period of four weeks from the date of receipt of a copy of this order and on such deposit, the delay of 184 days in filing the application for setting aside the ex parte decree, stands allowed. In default of making the said deposit, the impugned order, dismissing the said application, would stand confirmed. On such deposit, the trial Court shall deposit the same in the Nationalized bank, so that it would enure to the benefit of the successful party. Civil Revision Petition is allowed accordingly. ____________________ G.V.SEETHAPATHY,J rkk Dated: 25-4-2011