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march 2025

Supreme Court of India · 2025-03-03

K. Ramasamy vs R. Nallammal

Court
Supreme Court of India
Petitioner
K. Ramasamy
Respondent
R. Nallammal
Author
Sudhanshu Dhulia
Bench
Sudhanshu Dhulia

Judgment text excerpt

The Supreme Court examined the principles of condonation of delay in the context of setting aside an ex-parte decree, emphasizing equitable jurisdiction and judicial discretion. The Court referred to its previous decisions, particularly Mst. Katiji and H. Dohil Constructions, to determine whether the delay of 1312 days could be condoned. It upheld the lower court's decision to condone the delay based on these principles, allowing the application and setting aside the ex-parte decree, subject to payment of costs. The judgment underscores the Court's approach to balancing procedural delays with substantive justice.

K. Ramasamy vs R. Nallammal · Niyam