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1995 Supreme(AP) 48

B.K.SOMASEKHARA
Pramod Kumar Sharma – Appellant
Versus
Upender Kumar Agarwal – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THESE two revision petitions arise out of a common order passed in LA. Nos. 931/91 and 932/91 in O. S. No. 1849/89 dated 21-2-1994 by the learned II Additional Judge, City Civil Court, Hyderabad. I. A. No. 931/91 was filed under Section 5 of the Limitation Act to condone the delay of 92 days in filing a petition under Order 9 Rule 13 CPC for setting aside the exparte decree passed in the suit dated 21-3-1991. The petitioners in these two petitions were defendants and the respondent was the plaintiff in the suit - O. S. No. 1849/89, which was filed for recovery of money based on an award. The decree was sought for Rs. 1,72,500/- with future interest as decreed. Since the defendants did not file any written statement for a long time, they were set ex parte on 7-2-91 and after recording evidence of the plaintiff by the Court, the suit was decreed ex parte on 21-3-91. The defendants filed the petitions-stated above on 3-7-91. Although the delay was found to be 102 days delay of 92 days was sought to be condoned. In the affidavit, the delay was sought to be explained by stating that the defendants had engaged one Advocate Mr. Peri Subba Rao who filed his vakal








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