VAKA SUGUNA Vs. DEVARAPALLI JITHENDER REDDY

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the revision petitioner/defendant, challenging the order, dated 24.01.2017, passed in I.A.(SR) No.4081 of 2016 in O.S.No.89 of 2012, by the Principal District Judge, Khammam.

(2.) Heard. Perused the record.

(3.) The revision petitioner/defendant filed the subject unregistered interlocutory application under Section 5 of the Limitation Act, 1963, requesting the Court below to condone the delay of one year five months eleven days, i.e. from 28.02.2015 to 15.08.2016, in filing the petition under Order IX Rule 13 of CPC to set aside the ex parte decree, dated 29.01.2016, passed in the subject suit. In the said unregistered interlocutory application, the Court below passed the impugned order, which reads as follows: