HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No. 204 OF 2011 Date: 29-01-2011 Between Deevi Gopala Charyulu ……….. Petitioner and Cheedella Rama Krishna …….. Respondent HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No. 204 OF 2011 ORDER: This Civil Revision Petition is filed under Section 115 of C.P.C. aggrieved by the order, dated 20-12-2010 passed in I.A.No.725 of 2010 in O.S.No.911 of 2009 on the file of the II Additional Junior Civil Judge, Guntur. The respondent-plaintiff filed the suit against the petitioner- defendant for recovery of money. Subsequently, the petitioner- defendant was set ex parte. Therefore, he filed an Application to set aside the ex parte decree and as there was delay in the filing the Application, he filed I.A.No.725 of 2010 to condone the delay of 100 days. The lower Court, after hearing the counsel and perusing the material, dismissed the Application holding that there are no bona fides on the part of the petitioner-defendant. Heard both the counsel. In the affidavit filed in support of the Application, the petitioner explained the reason for the delay as under: “On 18-03-2010 when my case was posted for filing of my written statement, I was unable to met my advocate as I could not secure leave due to examinations and as such my advocate failed to file my written statement. Therefore, the Honourable court set me ex parte and ex parte decree was passed against me on 26-03-2010. I came to know the same through my advocate when I met him recently after receiving notice in execution petition only.” Therefore, it is quite apparent that the petitioner-defendant has come up with a specific plea that he is totally unaware of the proceedings and as and when he came to know about the proceedings, he filed the Application to set aside the ex parte decree and there is a delay of 100 days in filing the same. Admittedly the ex parte decree was passed in a money suit. Therefore, the lower Court ought to have condoned the delay, more so with a view to give opportunity to the petitioner-defendant to contest the matter on merits. In the circumstances, this Court is inclined to give an opportunity to the petitioner-defendant to contest the matter on merits on payment of costs of Rs.500/- to the respondent. Accordingly, the Civil Revision Petition is allowed. The order, dated 20-12-2010 in I.A.No.725 of 2010 is set aside. Consequently, I.A.No.725 of 2010 stands allowed on payment of costs of Rs.500/- to the respondent-plaintiff within a period of two weeks from the date of receipt of a copy of this order, and the lower Court is directed to dispose of the suit on merits, in accordance with law, within a period of two months thereafter. No order as to costs. ____________________ GHULAM MOHAMMED, J Date: 29-01-2011 YCR