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    <title>2011 (3) TMI 1484 - MADRAS HIGH COURT</title>
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    <description>Condonation of delay under section 5 of the Limitation Act depends on whether the explanation is acceptable, not on the length of delay alone. A liberal approach may advance substantial justice, but it cannot excuse gross negligence or a deliberate delay strategy. Here, the appellant had engaged counsel from the outset and its claim of ignorance of the ex parte decree was supported by the record, including the fact that the alleged notice was received by a person who had already ceased to be in service. No negligence or falsity was shown in the explanation, so the delay in seeking to set aside the ex parte decree was satisfactorily explained and ought to have been condoned.</description>
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      <title>2011 (3) TMI 1484 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=126965</link>
      <description>Condonation of delay under section 5 of the Limitation Act depends on whether the explanation is acceptable, not on the length of delay alone. A liberal approach may advance substantial justice, but it cannot excuse gross negligence or a deliberate delay strategy. Here, the appellant had engaged counsel from the outset and its claim of ignorance of the ex parte decree was supported by the record, including the fact that the alleged notice was received by a person who had already ceased to be in service. No negligence or falsity was shown in the explanation, so the delay in seeking to set aside the ex parte decree was satisfactorily explained and ought to have been condoned.</description>
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