Case Law Analysis
|Bombay High Court
Condonation of Delay | Time Spent Pursuing Order IX Rule 13 CPC Constitutes Sufficient Cause for First Appeal Delay: Bombay HC
The Bombay High Court has ruled that a litigant’s diligent pursuit of relief under Order IX Rule 13 CPC - even after prior rejections - amounts to sufficient cause to condone excessive delay in filing a first appeal. This clarifies that procedural good faith in challenging an ex parte decree, not just the final outcome, can justify extension of limitation under the Limitation Act, benefiting litigants misled by procedural lapses.