Condonation of Delay in Setting Aside Ex-parte Decree

In a recent legal case, the High Court analyzed the condonation of a 175-day delay in setting aside an ex-parte decree. The court’s decision shed light on the procedural aspects and the significance of prompt action in legal matters, emphasizing the need for parties to adhere to timelines set by the courts. The case showcases the court’s meticulous legal analysis in determining the validity of the delay explanation provided by the respondents. Let’s delve deeper into the implications of this ruling.

Facts

The Rent Controller passed an ex-parte order on 10.02.2004 directing tenants to deposit arrears of rent.
The High Court allowed the application of tenants seeking condonation of a 175-day delay in questioning the ex-parte decree dated 27.02.2004, setting it aside.
The Rent Controller subsequently allowed the Eviction Petition by passing an ex-parte decree on 27.02.2004 as the conditional order from 10.02.2004 was not complied with.
Respondents claimed they learned about the ex-parte decree when the Court Amin came for possession, leading to a delay of 175 days in seeking its setting aside.
The Rent Controller dismissed the application for condonation of delay on 07.02.2005.
The High Court, in its revisional jurisdiction, considered the material on record.
The High Court found the delay of 175 days to be bona fide and satisfactorily explained.
The application seeking condonation of delay of 175 days was allowed.
The ex-parte decree was set aside by the High Court.
The matter was remitted back to the Rent Controller to hear the parties on merits.

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