BANTU LAYANYA Vs. BANTU RAJESHWER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 18-9-2007 passed in i. A. No. 567 of 2006 in O. P. No. 61 of 2004 on the file of the Senior Civil Judge, nizamabad whereby and where under the learned Senior Civil Judge dismissed the application filed by the petitioner under section 5 of the Limitation Act to condone the delay of 587 days caused in filing the petition to set aside the ex-parte decree dated 19-11-2004.

(2.) THE respondent herein is the petitioner in O. P. No. 61 of 2004. He filed the O. P. seeking divorce on the ground of desertion. Consequent on petitioner herein failing to appear before the Court despite the receipt of summons, the proceedings came to be conducted ex-parte and O. P. No. 61 of 2004 came to be allowed dissolving the marriage of the petitioner with the respondent.

(3.) THE petitioner herein who is respondent in O. P. No. 61 of 2004 filed petition to set aside the ex-parte decree and also filed i. A. No. 567 of 2006 under Section 5 of the limitation Act to condone the delay of 587 days.