In Brief
An electricity distributor obtained an ex-parte decree for Rs.63.4 lakhs against a mill owner after the mill owner failed to appear. The mill owner sought to set aside the decree under Order 9 Rule 13 CPC more than twenty months later. The trial court and High Court rejected the application, finding the delay unexplained. The Supreme Court allowed the appeal, noting the mill owner's bona fides in depositing Rs.70 lakhs as directed by interim order. The Court set aside the ex-parte decree and restored the suit for decision on merits, with the deposit remaining subject to the final outcome."
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