On May 13, 2025, the Supreme Court of India overturned a decision by the Madras High Court that had condoned a 1,116-day delay in filing an appeal against an ex-parte decree. The Supreme Court emphasized that such delays should not be excused merely out of generosity; instead, the bona fides of the explanation for the delay must be thoroughly examined.

The case involved respondents who had previously filed an application under Order IX Rule 13 of the Civil Procedure Code (CPC) to set aside the ex-parte decree, which had been dismissed by the Supreme Court in a separate proceeding. Despite this, they sought to file an appeal under Section 96(2) of the CPC, raising the same grounds for condonation of delay. The Supreme Court found this approach impermissible, as it amounted to re-agitating issues that had already been dismissed, thus constituting an abuse of the legal process.

The Court further observed that the delay could only be condoned under Order IX Rule 13 CPC if it was demonstrated that the summons had not been served or that the litigant was prevented by sufficient cause from appearing in court. In this case, since the summons had been served and no sufficient cause was provided for the failure to appear, the High Court’s condonation of the delay was deemed unjustified.

This judgment underscores the importance of presenting a bona fide explanation for delays in legal proceedings and serves as a reminder that the courts will not condone delays without a valid and substantiated reason.

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