Supreme Court of India
Dwarika Prasad (d) Thr. Lrs. v. Prithvi Raj Singh
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What the Court ordered
In view of the above discussion, we allow this appeal, set aside the impugned order dated 24.05.2022 passed by High Court, and allow the writ petition and restore that of the Trial Court dated 29.04.2000.
Judgment, page 8
From the headnote
Issue for Consideration Whether a separate application for condonation of delay is mandatory in cases where sufficient justification was provided while seeking restoration against ex-parte decree. Headnotes† Requirement of filing separate application for condonation of delay while seeking restoration of ex-parte decree – Not mandatory: Held: Requiring a party to mandatorily file an application for condonation of delay u/s.5 of the Limitation Act, to seek restoration of ex-parte decree under Or.IX R.13 and Section 151 CPC, is a hyper technical view – Endorsing such a view would effectively
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