Shyam Sundar Sarma vs Pannalal Jaiswal And Others

The Supreme Court addressed the application of Order IX Rule 13 of the Code of Civil Procedure, 1908, in the context of setting aside an ex parte decree. The Court held that the dismissal of an appeal for default does not preclude a party from filing a petition under Order IX Rule 13, particularly when the delay in filing the appeal was condoned under Section 5 of the Limitation Act. The Court emphasized that procedural lapses should not deny a party the opportunity for a fair hearing, thereby allowing the appellant's application to proceed.