M.K. PRASAD vs P. ARUMUGAM

The Supreme Court addressed the issue of setting aside an ex-parte decree under Order 9 Rule 13 of the Code of Civil Procedure and Article 123 of the Limitation Act. The Court held that a defendant can seek to set aside an ex-parte decree if they can demonstrate sufficient cause for their absence during the hearing, and that the application must be made within 30 days, with the possibility of condoning delay under Section 5 of the Limitation Act. The Court found that the trial court's rejection of the appellant's application for condonation of delay was erroneous, leading to the appeal being allowed and the ex-parte decree set aside.