In Brief
This case concerns the proper appellate procedure when a first appeal is dismissed for being barred by limitation due to absence of a delay condonation application. The Supreme Court held that while a High Court can set aside such a dismissal order and remand to the First Appellate Court to decide on merits if delay is condoned, it cannot directly set aside the trial court's ex parte decree or treat the appeal as an application under Order IX Rule 13 CPC. The Court quashed the High Court's judgment, restored the first appeal, and permitted the defendant to revive the withdrawn condonation application for proper adjudication.
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