#Order 9 Rule 13 CPC

Kerala High Court restored an application to set aside an ex parte decree, citing procedural lapses under Order 9 Rule 13 CPC. The trial court was directed to dispose of the suit within six months, emphasizing the need for adherence to procedural justice in civil proceedings.

The Chhattisgarh High Court has ruled that delays in filing applications to set aside ex parte decrees due to counsel’s negligence cannot automatically bar relief, especially when the underlying dispute involves serious allegations of forgery. The judgment emphasizes that courts must examine the merits of the case before dismissing applications on procedural grounds, protecting litigants from being victimized by their advocates’ failures.