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1996 Supreme(AP) 292

B.K.SOMASEKHARA
Divisional Engineer (Operations), APSEB (Urban), power House, Nizamabad – Appellant
Versus
Shaik Mohd. – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE question that arises in this revision petition is whether a revision under section 115 of the Civil Procedure Code lies or maintainable when an application filed under Section 5 of the Limitation Act to condone the delay in filing the petition under Order 9, Rule 13 of the Civil Procedure Code (in short c. P. C. ) is dismissed by the Court.

( 2 ) THE question is confronted to this Court for these factual concessions. The petitioners are the defendants in O. S. No. 312 of 1991 on the file of the Principal district Munsif, Nizamabad. The respondent filed the suit against the petitioners. It was decreed ex parte on 23-9-1993. The petitioners filed an application under Order 9, Rule 13 of C. P. C. to set aside the ex parte decree. I. A. No355 of 1994 is filed under Section 5 of the Limitation Act to condone the delay of 179 days (according to the learned Principal District Munsif, nizamabad) by giving certain reasons in the application. The learned Munsif dismissed the application for condonation of delay. Aggrieved by that, the petitioners filed this revision petition.

( 3 ) HAVING heard both the sides on the above question, this Court is considering



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