In Brief
A tenant was granted an eviction decree ex-parte for non-appearance in a rent dispute. He later sought to set aside this decree under Order IX Rule 13 CPC by depositing rent arrears, though with substantial delay. The High Court refused to condone the delay. The Supreme Court allowed his appeal, holding that where a tenant deposits outstanding rent (even late), the court may set aside the ex-parte decree and restore the suit for trial on merits, provided the tenant deposits further calculated arrears and continues regular rent payments. Failure to comply with these conditions would revive the eviction decree.
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