In Brief
The plaintiffs obtained an ex-parte decree in a suit for specific performance of a property sale agreement. The defendants, who had retained counsel but failed to file a written statement, later sought to set aside the decree and condone the 939-day delay. The trial court refused. The High Court condoned the delay and set aside the decree and restored the suit. The Supreme Court partly allowed the appeal, affirming that the delay could be condoned based on substantial property rights, but setting aside the direction to restore the suit. It held that condonation of delay and setting aside an ex-parte decree are independent matters and must be decided separately. The trial court was directed to decide the application to set aside the decree on its own merits."
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