M/S. GMG ENGINEERING INDUSTRIES & ORS. versus M/S ISSA GREEN POWER SOLUTION & ORS.

M/S. GMG ENGINEERING INDUSTRIES & ORS. versus M/S ISSA GREEN POWER SOLUTION & ORS.

Imposition of the condition to deposit entire decreetal amounts for condoning delay and setting aside ex-parte decrees was unreasonable and onerous, especially as the suits are yet to be decided on merits. The delay was satisfactorily explained, so ex-parte decrees were set aside and suits restored.

Parties
Appellant: M/S. GMG Engineering Industries & Ors.; Respondent: M/S Issa Green Power Solution & Ors.
Jurisdiction
India
Judgment Date
15 May 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order on Revision Petitions
Outcome
Appeals allowed
Legal Topics
Delay Condonation, Setting Aside Ex Parte Decree
Civil Procedure Delay Condonation Setting Aside Ex Parte Decree

Case Brief

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Parties

M/S. GMG Engineering Industries & Ors.

Appellant

M/S Issa Green Power Solution & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order on Revision Petitions

Legal Issues

  1. 1 Whether imposition of onerous condition to deposit entire decreetal amount for condoning delay in application under Order IX Rule 13 CPC is justified
  2. 2 Whether the delay in filing application to set aside ex-parte decrees was satisfactorily explained

Ratio Decidendi

Imposition of the condition to deposit entire decreetal amounts for condoning delay and setting aside ex-parte decrees was unreasonable and onerous, especially as the suits are yet to be decided on merits. The delay was satisfactorily explained, so ex-parte decrees were set aside and suits restored.

Court Disposition

Appeals allowed

Orders

  • Order dated 16.04.2013 of High Court is set aside.
  • Delay in filing applications to set aside ex-parte decrees is condoned.