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Supreme Court of India 2019-11-21 allowed

N. Mohan vs R. Madhu

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court addressed whether a delay of 546 days in filing an appeal against an ex-parte decree in a money recovery suit could be condoned. The appellant had failed to file the appeal within the statutory period after an ex-parte judgment was rendered against him. The Court held that the delay could be condoned under the Limitation Act and CPC, subject to the condition that the appellant deposit the balance amount as a prerequisite. The Court allowed the appeal, enabling the High Court to hear the case on merits while declining to express any opinion on the underlying dispute itself.

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Civil Procedure Limitation Ex-parte Decrees Condonation of Delay Recovery Suits

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