https://www.taxtmi.com/caselaws?id=304730 The existence of a statutory appeal under the Code of Civil Procedure restrained the High Court from entertaining Article 227 petitions against an ex parte decree, and it should not have proceeded as though sitting in appeal. The High Court also erred in setting aside the decree without first addressing the Trial Court's refusal to condone delays of 1522 and 2345 days in filing Order IX Rule 13 applications, because delay was a threshold issue affecting maintainability and relief. The common judgment was held unsustainable, and the Trial Court's ex parte decree and delay-refusal orders were restored. en-us Mon, 11 Jul 2022 00:00:00 +0530 Tue, 18 Oct 2022 08:52:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304730 The existence of a statutory appeal under the Code of Civil Procedure restrained the High Court from entertaining Article 227 petitions against an ex parte decree, and it should not have proceeded as though sitting in appeal. The High Court also erred in setting aside the decree without first addressing the Trial Court's refusal to condone delays of 1522 and 2345 days in filing Order IX Rule 13 applications, because delay was a threshold issue affecting maintainability and relief. The common judgment was held unsustainable, and the Trial Court's ex parte decree and delay-refusal orders were restored. Case-Laws Indian Laws Mon, 11 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304730