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 that the Defendant deposit the entire Principal Prayed Amount. In an eventual appeal to the SC, the condition was considered as ‘onerous’. The delay indeed stood condoned. The price was pegged at 33% of the PPA [See, GMG Engineering Industries v. Green Power Solution, Civil Appeal No. 4472-4473 of 2015].