In Brief
The petitioner, a defendant in a civil suit, applied to set aside an ex parte decree, seeking condonation of 202 days' delay. The trial court dismissed the application, concluding the defendant received summons (with "NIL" evidence marked). The Supreme Court set aside the order, holding that factual conclusions regarding service of summons, absence in court, and knowledge of suit require documentary or oral evidence properly marked on record. Without marked evidence, the court's order was perverse. The matter was remitted with directions to dispose of it by recording evidence, marking all relied-upon documents, and issuing a speaking order within 15 days.
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