Condonation of Delay II: 355

Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest. There was a delay of 355 days in filing the application to set aside the ex-parte decree. The Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition of deposit of the entire ‘principal prayed amount’. SC considered the condition to be ‘onerous’. The delay indeed stood condoned. The price was pegged at 33% of the ‘principal prayed amount’ [See, GMG Engineering Industries v. Green Power Solution, Civil Appeal No. 4472-4473 of 2015].