Supreme Court Upholds Condonation Of 423-Day Delay In Plea To Set Aside Ex Parte Decree On Condition To Deposit Rs 75 Lakh

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Published 3 November 2026

Case: Not stated in source
Court: Supreme Court of India
Bench: Not stated in source
Citation: Not stated in source
Statutes: Code of Civil Procedure, 1908 — s.Order IX Rule 13
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Supreme Court upheld the condonation of a 423-day delay in filing an application to set aside an ex parte decree, subject to the appellant depositing Rs 75 lakh. The Court found the High Court's condition reasonable, balancing the delay with the need to ensure justice, under Order IX Rule 13 of the Code of Civil Procedure, 1908.

Ratio Decidendi · Legal Principle Established

A court may condone a significant delay in filing an application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908, provided that reasonable conditions are imposed to balance the equities between the parties and compensate for the delay.

Practice & Procedural Impact for Advocates

Advocates seeking condonation of delay for setting aside ex parte decrees should be prepared for the court to impose substantial conditions, including monetary deposits. Litigants facing ex parte decrees should act promptly, but if delayed, must present a strong case for condonation and be ready to comply with conditions.

Key Legal Takeaways

1Delay in setting aside an ex parte decree can be condoned with conditions.
2Monetary deposits can be a reasonable condition for condoning delay.
3Courts balance the interests of both parties when considering condonation of delay.

The Legal Issue This case concerned the condonation of a substantial delay of 423 days in filing an application to set aside an ex parte decree. The High Court had condoned the delay but imposed a condition that the appellant deposit Rs 75 lakh. The appellant challenged this condition before the Supreme Court, arguing it was excessive.

Court's Reasoning The Supreme Court considered the High Court's decision to condone the delay under Order IX Rule 13 of the Code of Civil Procedure, 1908. The Court observed that while there was a significant delay, the High Court had exercised its discretion to condone it. The imposition of a monetary condition was viewed as a reasonable measure to balance the equities between the parties, particularly given the length of the delay. The Court found that the condition of depositing Rs 75 lakh was not arbitrary or disproportionate, serving to compensate the other party for the prolonged litigation and delay caused.

What Follows The Supreme Court upheld the High Court's order. Consequently, the appellant must deposit Rs 75 lakh as a condition for the condonation of the 423-day delay in filing the application to set aside the ex parte decree. The matter will proceed in accordance with the High Court's directions upon compliance with this condition.