https://www.taxtmi.com/caselaws?id=388818 A defendant against whom an ex parte decree is passed retains a statutory right to file a first appeal under Section 96(2) of the Code of Civil Procedure, and dismissal of an Order IX Rule 13 application does not extinguish that right. Time spent bona fide in proceedings to set aside the decree may constitute sufficient cause under Section 5 of the Limitation Act for condoning delay in filing the appeal, especially where the facts show diligence rather than dilatory conduct. On the facts stated, the delay was condoned and the first appeal was directed to proceed on merits. en-us Thu, 21 Nov 2019 00:00:00 +0530 Sat, 23 Nov 2019 09:59:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=388818 A defendant against whom an ex parte decree is passed retains a statutory right to file a first appeal under Section 96(2) of the Code of Civil Procedure, and dismissal of an Order IX Rule 13 application does not extinguish that right. Time spent bona fide in proceedings to set aside the decree may constitute sufficient cause under Section 5 of the Limitation Act for condoning delay in filing the appeal, especially where the facts show diligence rather than dilatory conduct. On the facts stated, the delay was condoned and the first appeal was directed to proceed on merits. Case-Laws Indian Laws Thu, 21 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=388818