THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5183 of 2005 Dated: 10-06-2011 Between: Avala Satyanarayana and others .. Petitioners And Smt.Guduru Rajya Lakshmi and others .. Respondents This Court made the following: THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5183 of 2005 ORDER: The revision is filed against the order in I.A.No.145 of 2004 in O.S.No.125 of 1998 passed by the learned Principal Junior Civil Judge, Mangalagiri dated 30.06.2005. The suit was filed for partition and an ex parte decree is said to have been passed on 09.09.2002. Thereafter an application was filed for setting aside the ex parte decree along with the application to condone the delay in filing the application to set aside the ex parte decree. It appears that there was a delay of 43 days in representing the application to condone the delay for filing of the application to set aside the ex parte decree, which is under Section 5 of the Limitation Act, 1963 and consequently I.A.No.145 of 2004 was filed to condone the delay in representing the application. Evidently, a representation of a returned paper is to be explained by the party and if there is any delay in representation, under Section 148 of Code of Civil Procedure, 1908, the time can be extended and the question of giving notice at this stage to other party and determination of the conduct of the bona fides does not arise. The delay in representing the matters, after once they have returned, is common and usual at all times. Therefore, in view of the above circumstances, the dismissal of the application in I.A.No.145 of 2004 in O.S.No.125 of 1998 is not proper and the lower Court is directed to condone the delay in representing the application under Section 5 of the Limitation Act, 1963 to set aside the ex parte decree and proceed further according to law. Accordingly, the Civil Revision Petition is allowed. No costs. ________________________ N.R.L. NAGESWARA RAO, J Date: 10-06-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5183 of 2005 10-06-2011 MR