In Brief
The Supreme Court set aside a High Court judgment that had used its revision powers under Article 227 to quash an ex-parte decree for specific performance. The plaintiff had obtained an ex-parte judgment in 2012, and defendants filed applications to set aside it years later with massive delays (1522 and 2345 days), which the trial court refused to condone. The High Court nonetheless entertained revision petitions and set aside the judgment without examining whether it was right to refuse condonation. The Court held that where a statutory appeal remedy exists under the CPC, the High Court should not use Article 227 revision powers, and must first consider condonation issues before examining judgment merits."
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