K.C. Bhanu, J.

1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the Order, dated 12.07.2006, passed by the II Additional District Judge, Guntur, in Civil Miscellaneous Appeal No. 28 of 2005, whereunder and whereby, the Order, dated 23.02.2005, in Interlocutory Application No. 916 of 2002 in Original Suit No. 88 of 2002 passed by the Senior Civil Judge, Gurazala, was set aside.

2. When the matter came up before the learned Single Judge of this Court, one of us (KCB, J), referred the matter to a Division Bench for authoritative pronouncement of Division Bench, in view of the conflicting decisions of two learned Single Judges of this Court whether against the Order dismissing the application filed under Section 5 of the Limitation Act, 1963 (for short, 'the Act') to condone the delay in filing any application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, 'CPC'), revision or appeal lies. Accordingly, the matter is placed before this Court by the Hon'ble Chief Justice.

3. Heard both sides.

4. Order IX Rule 13 CPC deals with the setting aside ex parte decree passed against the defendant. The rule enacts that wher