M.K. Prasad vs P.Arumugam

The Supreme Court held that under Order 33 Rule 1 of the Code of Civil Procedure, a defendant can apply to set aside an ex-parte decree if they can demonstrate sufficient cause for their absence. The Court emphasized that the discretion to condone delay under Section 5 of the Limitation Act must be exercised to advance substantial justice. The appellant's application for condonation of a 554-day delay was rejected by the trial court and upheld by the High Court, leading to the dismissal of the appeal.