IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.___________ OF 2024 (ARISING OUT OF S.L.P. (CIVIL) NO. 2885/2023
PARWATI DEVI APPELLANT(S)
VERSUS
RAJMANI (D) THR LRS. & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel appearing for the appellant and
learned counsel appearing for the legal representatives of
respondent no.1.
3. In the suit filed by original respondent no.1, ex-parte
decree was passed on 7th December, 1998. An application was
made by the appellant for setting aside the ex-parte decree on
16th February, 1999. There was a delay of few days in filing
the application for setting aside ex-parte decree. The Trial
Court rejected the application for condonation of delay and
consequently, the application for setting aside ex-parte
decree.
4. Being aggrieved by the said order, an appeal was
preferred before the High Court. The appeal was dismissed by
the impugned order.
5. After having perused paragraph 2 of the impugned judgment
and after hearing the parties, we are of the view that the
Trial Court ought to have adopted a justice oriented and
liberal approach by condoning the delay of few days.
6. Accordingly, the impugned judgment and order dated 20th
December, 2022 passed by the High Court and order dated 8th
July, 2005 passed by the First Additional Distr...