( 1 ) THIS Civil Revision Petition is filed by the revision petitioner-respondent-plaintiff in I. A-No. 1087 of 1998 in O. S. No. 844 of 1996 on the file of the First Junior Civil judge, City Civil Court at Secunderabad against an order dated 29-10-1998 whereunder an application to set aside the ex parte decree dated 31-1-1998 was allowed.

( 2 ) NO evidence was let in by both the parties. The learned First Junior Civil Judge, city Civil Court. Secunderabad had decided the application only on the basis of the affidavit filed in support of the application counter-affidavit and the reply affidavit and the allegations made therein. The learned Judge at Para 21 had observed as follows:"in the light of the above discussion, I hold that the petitioner/defendant satisfied this Court that the summons were not duly served on him and he has no knowledge about the suit proceedings prior to 21-7-1998. Therefore, this Court shall set aside-the ex parte decree dated 31-1-1998 under Or. 9 R. 13 C. P. C. on terms. That apart, this Court further holds that this petition having filed on 24-7-1998, is within limitation from the date of knowledge of suit proceedings. Hence the petitio