S. Ravi Kumar, J.—This revision is preferred against order dated 12-12-2012 in I.A. No. 309/2012 in O.S. No. 1271/2007 on the file of XXII Junior Civil Judge, City Civil Court, Hyderabad.

2. Revision petitioner herein is plaintiff and respondent herein is defendant in O.S. No. 1271/2007. Respondent herein filed I.A. No. 309/2012 under Section 5 of Limitation Act to condone delay of 850 days in filing petition to set aside ex-parte judgment and decree dated 25-02-2010 and the said petition was opposed by the plaintiff i.e., revision petitioner herein and the trial Court considering the material, overruled the objection of the plaintiff and allowed the application and condoned delay. Aggrieved by which, plaintiff preferred present revision.

3. Heard both sides.

4. Advocate for revision petitioner submitted that respondent herein preferred A.S. No. 370/2010 challenging ex-parte decree and judgment dated 25-02-2010, but subsequently, he has not pressed the said appeal, therefore, he cannot invoke the provisions of Order IX, Rule 13 CPC as it is a bar under explanation given to the said provision. He submitted that the trial Court, without considering the said objection, allowed the p