Liberal construction of sufficient cause can justify condonation of delay and reopening of an ex parte decree on suitable terms.
Delay in filing an application to set aside an ex parte decree may be condoned where sufficient cause is shown, and the expression should receive a liberal construction to advance substantial justice. The explanation was supported by affidavit, and the conduct did not show deliberate inaction, mala fides, or gross negligence. Once delay is condoned, the court may reopen the matter on the merits if the circumstances justify adjudication, especially where important property rights are involved and any prejudice to the other side can be compensated by costs. The impugned orders were set aside and relief was granted subject to exemplary costs.
Issues: (i) Whether the delay in filing the application to set aside the ex parte decree should be condoned under the Limitation Act; (ii) Whether the ex parte decree should be set aside on the facts of the case.
Issue (i): Whether the delay in filing the application to set aside the ex parte decree should be condoned under the Limitation Act.
Analysis: An application to set aside an ex parte decree is required to be filed within limitation, and delay may be excused on sufficient cause being shown. The governing principle is that the expression "sufficient cause" must receive a liberal construction so as to advance substantial justice, while also recognising that the decree-holder acquires a legal benefit on expiry of limitation. The explanation offered for the delay was supported by affidavit, and the conduct, though not marked by complete vigilance, did not disclose deliberate inaction or mala fides.
Conclusion: The delay was liable to be condoned.
Issue (ii): Whether the ex parte decree should be set aside on the facts of the case.
Analysis: Once the delay was condoned, the merits of the request to set aside the ex parte decree were examined. The circumstances showed that sufficient grounds existed to reopen the matter, especially having regard to the valuable property in dispute and the need to avoid shutting out adjudication on merits. The inconvenience to the opposite side could be compensated by appropriate costs.
Conclusion: The ex parte decree was set aside.
Final Conclusion: The appeal succeeded, the impugned orders were set aside, and the application for condonation of delay as well as the application to set aside the ex parte decree were allowed, subject to payment of exemplary costs.
Ratio Decidendi: The expression "sufficient cause" in a limitation-based request for condonation must be construed liberally to advance substantial justice, and where no mala fides, gross negligence, or deliberate inaction is shown, delay may be condoned and consequential relief granted on suitable terms, including costs.
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