THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION Nos.660 and 786 of 2011 COMMON ORDER: Respondents 1 and 2 ﬁled O.S.No.71 of 2004 on the ﬁle of the Principal Senior Civil Judge, Ongole, against the petitioners for recovery of amount on the strength of a promissory note. An ex-parte decree was passed in the suit on 29-12-2004. At a later point of time, the petitioners came to know about the ex-parte decree. They ﬁled I.A.No.1152 of 2006 under Order IX Rule 13 of CPC with a prayer to set aside the ex-parte decree. Since there was a delay of 283 days in ﬁling an application to set aside the ex-parte order, they ﬁled I.A.No.1153 of 2006 under Section 5 of the Limitation Act. The petitioners pleaded that they have migrated to Bhimavaram for livelihood and they did not receive summons in the suit at all. The respondents, however, resisted the application by ﬁling counters. According to them, when they found that summons were not served upon the petitioners, substituted service through publication was eﬀected. It is also stated that the delay is not properly explained. The trial court, dismissed the applications through common order, dated 20-12-2010. Hence, these two revisions. Heard the learned counsel for the petitioners. Though the respondents are served with notices, they have not chosen to enter appearance. The record discloses that summons in the suit were not served upon the petitioners. It may be true that the substituted service was eﬀected. However, the petitioners were residing at Bhimavaram at the relevant point of time. Even if paper publication was said to have been made they cannot be expected to know about the state of aﬀairs at their native place. Further, the delay, not that abnormal. The trial court ought to have given opportunity for the petitioners to contest the suit. Hence, these revisions are allowed and the orders under revisions are set aside. Consequently, I.A.No.1152 of 2006 ﬁled for condonation of delay and I.A.No.1153 of 2006 ﬁled for setting aside the ex-parte decree, dated 29-12-2004, shall stand allowed. The petitioners are granted four weeks time to ﬁle written statement from today. There shall be no order as to costs. ___________ 05-12-2011 Note: Issue C.C. in one week (B/o) Prv