AIR 2020 UTTARAKHAND 16 ::AIROnline 2019 Utr 525

Uttarakhand High Court

Hon'ble Judge(s): Manoj K. Tiwari , J

Limitation Act (36 of 1963) , S.5— Civil P.C. (5 of 1908) , O.9 R.13— Condonation of delay - Delay in filing application for setting side of ex parte decree - Record showing applicant incorrectly mentioned date of delivery of certified copy of judgment in year 2012 however certified copy of judgment was delivered to her in year 2014 - Applicant since was not aware of suit in question up to year 2014, delay occurred which is bonafide and properly explained - Merely because of typing mistake as to incorrect date of receipt of certified copy of judgment justice cannot be denied - Delay liable to be condoned. (Para 12 13)