GMG Eng. Ind. & Ors. Vs. ISSA Green Power Solution & Ors.
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Head Note
The Code of Civil Procedure, 1908 - Order IX Rule (13) , The Limitation Act, 1963 - Section 5
Ex parte Order - Application to Set aside - Condonation of Delay - Sufficient cause - Held that while exercising the discretion for setting aside the ex-parte decrees or condoning the delay in filing the application to set aside the ex-parte decrees, the court is competent to direct the defendants to pay a portion of the decreetal amount or the cost - Imposition of such an unreasonable and onerous condition of depositing the entire suit claim of Rs.1,50,00,000/- and Rs.10,00,000/- respectively condition precedent for condonation by trial Court - Apex Court passed the conditional order that subject to deposit a sum of Rs.50,00,000/- before the trial court, notice shall be issued to the respondents and the appellants have deposited Rs.50,00,000/- before the trial court - Since the appellants have satisfactorily explained the reasons for the delay and with a view to provide an opportunity to the appellants to contest the suit, the impugned order is liable to be set aside -Delay in filing the applications to set aside the ex- parte decrees is condoned and the ex-parte decrees passed liable to be aside and the suits are ordered to be restored to file.
The Limitation Act, 1963 - Section 5
Condonation of Delay - Sufficient Cause - Held that the expression 'sufficient cause' is to receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bonafide is imputable to the appellants, the delay has to be condoned -Discretion is to be exercised like any other judicial discretion with vigilance and circumspection - Discretion is not to be exercised in any arbitrary, vague or fanciful manner - True test is to see whether the applicant has acted with due diligence.
Topic(s)-Limitation - Condonation of Delay - Condoned