Limitation Act, 1963
Section 5—Order condoning delay was set aside by dismissing the application for condonation of delay and consequently application filed under Order 9 Rule 13 of CPC for setting aside of ex parte decree of divorce also came to be dismissed—Appeal—By considering the prayer for condonation of delay, irrespective of length of delay, cause which has been shown requires to be examined—It is this precise exercise which was undertaken by the trial court, and having found that there was fragrant violation of the mandate of Rule 17 and 19 Order 5 CPC has rightly condoned the delay, which ought not to have been interfered by the High Court in its appellate jurisdiction—Impugned order set aside—Appeal allowed.
[Para 10]