IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2026

(arising out of SLP (C) No. of 2026)

(@ Diary No.23863/2023)

MOHAMMADBI & ORS. APPELLANT(S)

VERSUS

MARY REGINA (DIED) & ORS. RESPONDENT(S)

O R D E R

Delay condoned.

Leave granted.

This appeal arises out of the order dated 31.03.2023 passed

by the High Court of Madras in C.R.P. No. 758 of 2023. The said revision arose out of the order dated 06.02.2023 passed in I.A. No. 2 of 2021 in O.S. No. 1000 of 2024 by the learned I^st Additional District Munsif Judge, Salem, refusing to condone the delay of 4,477 days in the filing of an application to set aside the ex

parte decree dated 11.11.2008.

Significantly, the trial court had only rejected the condone

delay application and, in consequence, had not taken up for consideration the application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908, Digitally signed by, for setting aside the decree dated

Signature Not Verified

11.11.2008.

babita pandey

Date: 2026.01.09

Reason:

1 For short “CPC”

Ignoring this aspect of the matter the High Court, while allowing C.R.P. No. 758/2023, not only condoned the delay of 4,477 days in the filing of the application under Order IX