https://www.taxtmi.com/caselaws?id=200384 An application to set aside a decree in a summary suit was held maintainable only where the special conditions of Order 37 Rule 4 CPC were attracted; where summons was duly served, the defendant appeared, and unconditional leave to defend had already been granted, that rule had no application. The application was also governed by Article 123 of the Limitation Act and was filed beyond the prescribed 30 days, but the delay was condoned because 'sufficient cause' under Section 5 must be construed liberally to advance substantial justice. On the facts, the applicant showed absence of its responsible officer, later knowledge of the decree, and prompt action thereafter. en-us Tue, 03 Aug 1976 00:00:00 +0530 Tue, 27 Mar 2018 14:48:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200384 An application to set aside a decree in a summary suit was held maintainable only where the special conditions of Order 37 Rule 4 CPC were attracted; where summons was duly served, the defendant appeared, and unconditional leave to defend had already been granted, that rule had no application. The application was also governed by Article 123 of the Limitation Act and was filed beyond the prescribed 30 days, but the delay was condoned because 'sufficient cause' under Section 5 must be construed liberally to advance substantial justice. On the facts, the applicant showed absence of its responsible officer, later knowledge of the decree, and prompt action thereafter. Case-Laws Indian Laws Tue, 03 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200384