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2021 (4) TMI 1355 - HC - Indian LawsSeeking setting aside of the ex-parte judgment and decree dated 01.02.2019 as well as for seeking condonation of delay of 582 days in filing the application - whether the summons in the suit were duly served or not? - whether the defendant was prevented by any "sufficient cause" from appearing when the suit was called for hearing? - Order IX Rule 13 CPC. HELD THAT:- In the present case, the defendant was duly served with the summons in the suit and had appeared. "Sufficient Cause" is an elastic expression and no hard and fast guidelines are prescribed. The Court, in its discretion, has to consider the "sufficient cause" in the facts and circumstances of every individual case. Although in interpreting the words "sufficient cause", the Court has wide discretion but the same has to be exercised in the particular facts of the case - Article 123 of The Limitation Act prescribes that the application for setting aside an ex-parte decree should be filed within thirty days of passing of the decree. In the present case, although the defendant has blamed her counsel for his non-appearance which resulted in passing of the decree however, a perusal of the judgment dated 01.02.2019 would show that the same was passed after considering the merits of the case. In the opinion of this Court, the defendant has failed to show any "sufficient cause" for its absence in the Court on the material dates. The defendant has also failed to satisfactorily explain the delay of 582 days in filing the captioned application. The explanation given by the defendant is only an eye-wash. This Court is not inclined to accept the explanation provided by the defendant. Consequently, the captioned applications are dismissed.
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