In Dwarika Prasad (D) Thr. Lrs. vs. Prithvi Raj Singh, 2024 INSC 1030, the Supreme Court held that filing a separate application for condonation of delay under Section 5 of the Limitation Act, 1963 is unnecessary when seeking to set aside an ex-parte decree under Order 9 Rule 13 of the Code of Civil Procedure, 1908, as such applications inherently address the requirements for condonation. The case arose from an ex-parte decree where the defendant’s restoration application under Order 9 Rule 13 and Section 151 CPC was allowed by the Trial Court but overturned by the Additional District Judge and upheld by the High Court for lack of a separate condonation plea. Reversing these findings, the Supreme Court emphasized that procedural technicalities should not defeat substantive justice, citing Rafiq vs. Munshilal (1981), and restored the Trial Court’s decision, allowing the appeal and simplifying the process for setting aside ex-parte decrees.
