The Supreme Court held that delays of 467 and 712 days in filing applications to set aside ex parte decrees cannot be condoned without sufficient cause, reinforcing strict timelines under civil procedure.
SC: Inordinate Delays in Filing Applications to Set Aside Ex Parte Decrees Are Not Condonable
The Supreme Court has ruled that delays of 467 and 712 days in filing applications under Order IX Rule 13 of the Code of Civil Procedure (CPC) to set aside ex parte decrees cannot be condoned in the absence of sufficient cause. The Court emphasised that litigants must act promptly upon learning of an ex parte order, particularly when the delay exceeds a year.
The bench observed that mere awareness of the decree must trigger immediate action. Absent proof of sufficient cause—such as fraud, misrepresentation, or service irregularities—the court cannot exercise its discretion under Section 5 of the Limitation Act to condone delay. The Court reiterated that procedural complacency undermines judicial efficiency.
Practitioners must ensure that applications to set aside ex parte orders are filed within the limitation period of 30 days from the date of knowledge of the decree. Where delay is inevitable, robust evidence justifying the delay—beyond general assertions—must be placed before the court. This decision reinforces adherence to statutory timelines in civil litigation.
Citations
- Order IX Rule 13 CPC
- Section 5 Limitation Act
