2018 AIR CC 2929 (CAL) ::(2019) 1 CivilCourtC 523 ::(2018) 4 ICC 780

Calcutta High Court

Hon'ble Judge(s): Harish Tandon , J

(A) Civil P.C. (5 of 1908) , O.9 R.13— Limitation Act (36 of 1963) , S.5— Ex parte decree - Setting aside of - Delay of 103 days in filing application - Condonation - Ground that petitioner suffered from disease and advised by attending doctor to take bed rest - Statements not specifically controverted or denied by opposite parties - Court must apply doctrine of 'non-traverse' i.e., pragmatic and liberal approach in considering grounds taken as sufficient cause for non-appearance. Doctrine - Doctrine of 'non-traverse' - Applicability. (Para 16 17 18) (B) Civil P.C. (5 of 1908) , O.9 R.13— Limitation Act (36 of 1963) , S.5— Ex parte decree - Setting aside of - Condonation of delay - Limitation would reckon from date when ex parte decree is passed by Court and not from date of knowledge of ex parte decree - If delay is explained to extent that applicant was unaware of happenings in suit - Court should consider rationally treating same as sufficient cause instead of dismissing application for condonation of delay. (Para 20) .....