Delay Condonation Not Required for Setting Aside Ex-Parte Decree

An ex-parte decree under Order IX Rule 13 CPC nullifying a sale deed on fraud grounds was challenged by the Appellant-Defendant (Dwarika Prasad), an elderly, uneducated man. He filed a restoration application five months later, citing his counsel's failure to inform him.

The trial court allowed it, but the First Appellate Court overturned the decision due to the absence of a separate delay condonation plea under Section 5 of the Limitation Act, a decision upheld by the High Court.

The appellant argued the restoration application explained the delay, while the respondent contended it was non-maintainable without a separate condonation plea.

The Supreme Court allowed the appeal, emphasizing that justice should prevail over technicalities and citing Bhagmal v. Kunwar Lal (2010).