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SUDHANSHU DHULIA, K. VINOD CHANDRAN
K. Ramasamy – Appellant
Versus
R. Nallammal – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. An ex-parte judgment & decree dated 13.04.2016, for specific performance, was sought to be set aside by application dated 04.01.2020, after condoning the delay of 1312 days, long after legal representatives of the 1st defendant appeared in an execution petition filed by the plaintiff.
3. We heard learned Senior Counsel, Sri. Dama Seshadri Naidu for the appellant and Sri. Gopal Shankarnarayanan, learned Senior Counsel for the respondents.
4. The impugned order referred to two decisions of this Court in Collector, Land Acquisition, Anantnag and Another vs. Mst. Katiji and Others, (1987) 2 SCC 107 and H. Dohil Constructions Company Pvt. Ltd. vs. Nahar Exports Limited, (2015) 1 SCC 680, both on the issue of condonation of delay and applied the principles of the former to condone the delay and allow the application, setting aside the ex-parte decree on payment of cost of Rupees One lakh and a further direction to file a written statement within a period of four weeks. The suit was also directed to be disposed of within a period of three months from the date of receipt of copy of order. The reasoning for the exercise of such equitable juri
The law favors diligence over indolence; mere claims of hardship without substantial evidence do not warrant the condonation of significant delays in legal proceedings.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
The court ruled that the High Court improperly exercised its discretion in condoning a 917-day delay in filing an appeal against a decree for specific performance.
Important Point: In Condonation of Delay now the test is not the length of delay, but it is substance of the matter.
Circumstances, they cannot deny about the knowledge of the decree at a belated stage. The delay was not properly explained.
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
The court must ascertain the bona fides of the explanation for delay in filing applications, and a lack of credible justification can lead to dismissal of such applications.
Deliberate delay to scuttle a legal process should be heavily penalized, and legal representatives cannot seek to set aside a decree accepted by the original defendants.
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