Supreme Court Allows Appeal Against Ex-Parte Decree Despite Dismissal of Order IX Rule 13 Application — Delay Condoned Due to Pendency of Earlier Proceedings. The Court held that the statutory right of appeal under Section 96(2) CPC is not extinguished by the dismissal of an application under Order IX Rule 13 CPC, and time spent in bona fide proceedings for setting aside the ex-parte decree constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act.
1 Jan 2019The Supreme Court allowed the appeal filed by the defendant-appellant against the order of the Madras High Court refusing to condone the delay of 546 ...
