In Brief
The Supreme Court upheld the dismissal of an application seeking to set aside an ex-parte decree. The defendant received notice of the original suit but ignored it. Later, during execution proceedings, the defendant was personally served with notice (duly acknowledged). Despite this actual knowledge, the defendant allowed the property to be auctioned without taking timely steps to challenge the decree. Only after the auction did the defendant file an application to set aside the ex-parte decree. The Court held that the defendant's lack of vigilance and deliberate delay in acting, combined with allowing the auction to proceed, disentitled them from relief. The auction sale and certificate issued to the purchaser stood.
The lawyer headnote and full judgment text are available to registered users.