https://www.taxtmi.com/caselaws?id=469949 Limitation for an Order IX Rule 13 application to set aside an ex parte decree was reckoned from the date of knowledge on the facts, where the applicants said they learnt of the decree only on execution. The Court accepted that the delay was explained by the grounds stated in the application itself, supported by the surrounding circumstances of compromise and the applicants' asserted absence from proceedings. It further held that a separate Section 5 application was not indispensable when the delay explanation was embedded in the Order IX Rule 13 petition and the matter was considered on merits. Relief was therefore not barred for want of a separate condonation application. en-us Tue, 27 Jul 2010 00:00:00 +0530 Fri, 10 Jul 2026 10:36:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=469949 Limitation for an Order IX Rule 13 application to set aside an ex parte decree was reckoned from the date of knowledge on the facts, where the applicants said they learnt of the decree only on execution. The Court accepted that the delay was explained by the grounds stated in the application itself, supported by the surrounding circumstances of compromise and the applicants' asserted absence from proceedings. It further held that a separate Section 5 application was not indispensable when the delay explanation was embedded in the Order IX Rule 13 petition and the matter was considered on merits. Relief was therefore not barred for want of a separate condonation application. Case-Laws Indian Laws Tue, 27 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=469949