V.V.S. RAO, J.

The following background of this case is not in dispute. Petitioner herein suffered a money decree for Rs.40,495.08 with subsequent interest at stipulated rate in O.S.No.614 of 1996 dated 26.4.1999 on the file of the Court of I Additional Junior Civil Judge, Nellore. He did not satisfy the decree. He nsuccessfully preferred appeal to the Court of I Additional District Judge, Nellore, which was dismissed on 30.1.2003. Thereafter, respondent filed execution petition being E.P. No.446 of 2003 under Order XXI Rules 37 and 38 of Code of Civil Procedure, 1908 (CPC) for arrest of defaulting Judgment Debtor (J.Dr). It appears that executing Court passed ex parte order on 02.5.2006 ordering his arrest. He then filed interlocutory application under Order XXI Rule 106(3) of CPC, to set aside ex parte order dated 02.5.2006 contending that he has no means to satisfy the decree and that his arrest cannot be ordered. He also filed another interlocutory application (unnumbered) to condone delay of 26 days in filing the application to set aside ex parte order. Learned executing Judge relied on decision of Supreme Court in Damodaran Pillai v South Indian Bank Limited ((2005