THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.4656 of 2010 ORDER This civil revision petition is directed against the order, dated 04.09.2008, passed by the learned III Additional Junior Civil Judge, Visakhapatnam, dismissing I.A.No.490 of 2008 in O.S.No.659 of 2007 filed under Order XIX Rule 1 CPC seeking to condone the delay of 160 days in filing the petition for setting aside the ex parte decree, dated 31.12.2007, passed in the said suit. 2. The respondent/landlord filed O.S.No.659 of 2007 for eviction of the petitioner/tenant from the suit schedule property. The suit was adjourned to 10.09.2007 for filing the written statement. As the petitioner had not filed the written statement on 10.09.2007, the matter was adjourned from time to time and finally, the trial Court passed an ex parte decree on 31.12.2007. Thereafter, the petitioner filed I.A.No.490 of 2008 seeking to condone the delay of 160 days in filing the petition for setting aside the said ex parte decree. The trial Court dismissed the same holding that the petitioner has not explained properly the abnormal delay of 160 days. Challenging the same, the petitioner filed the present revision. 3. Learned counsel for the petitioner contended that due to ill health of his wife, the petitioner has not contacted his counsel and therefore, the delay occurred. He further contended that the trial Court ought to have given notice to the petitioner when the matter was advanced on the petition filed by the respondent. He submitted that the petitioner/tenant is ready and willing to pay the arrears of rent due and that an opportunity should be given to him to contest the matter on merits. 4. On the other hand, learned counsel for the respondent contended that the petitioner has not paid rents since 2005 and that though the trial Court has granted several adjournments, the petitioner neither contested the matter nor paid the rents. 5. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 6. As the petitioner is ready and willing to pay the arrears of rent, I deem it appropriate that the delay of 160 days can be condoned in order to meet the ends of justice, though he has not produced any material as regards the delay occurred in filing the petition to set aside the ex parte decree. 7. Accordingly, the Civil Revision Petition is allowed setting aside the order impugned. Consequently, I.A.No.490 of 2008 is allowed. The trial Court is directed to dispose of the application filed by the petitioner seeking to set aside the ex parte decree, expeditiously. The petitioner is directed to deposit the arrears of rent before the trial Court, within four weeks from today and on such deposit, the respondent/landlord is permitted to withdraw the same, subject to the result of the suit. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:24.09.2010 Note: Issue CC within three days. (Bo) sj