In Brief
Albert Morris, a defendant set ex parte for failing to file a written statement, challenged the dismissal of his condonation-of-delay application. The trial court and high court rejected it, largely on procedural grounds. The Supreme Court allowed the appeal, holding that since the plaintiff had been granted court indulgence for fee payment and ex-parte evidence, the defendant deserved similar equitable treatment. The Court set aside the dismissals and allowed the application, directing the defendant to file a written statement within two weeks, with costs of ₹25,000 to be paid beforehand."
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