Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an appeal challenging the Allahabad High Court's decision, which upheld the First Appellate Court's ruling that overturned the trial court's order allowing the restoration application filed by the Appellant-Defendant for restoration of the ex-parte decree passed against him. The First Appellate Court overturned the trial court's decision citing that a separate application as per Section 5 of the Limitation Act was not filed along with the Order IX Rule 13 application. “The question of filing Order 9 Rule 13 application was, in our opinion, rightly considered by the appellate court on merits and the appellate court was absolutely right in coming to the conclusion that the appellant defendants were fully justified in filing the application under Order 9 Rule 13 CPC at the time when they actually filed it and the delay in filing the application was also fully explained on account of the fact that they never knew about the decree and the orders starting the ex parte proceedings against them.