Code of Civil Procedure, 1908–Order 9, Rule 13–Specific Relief Act, 1963–Sec. 12–Order of setting aside the ex-parte decree by condoning the delay of 1312 days–Sustainability–After the defendant appeared before the Trial Court, no written statement was filed by him and he was declared ex parte–Nothing to show that he suffered from any ailment which disabled him to contest the matter–No serious contest was made in the execution proceedings–The impugned judgment was not on good grounds and the cost awarded and the directions for expeditious consideration would not unsettle the imbalance which would be caused to the plaintiff who had been waiting to get the possession of the property for the last one decade–The application to set aside the ex parte decree was only an afterthought and purely experimental–Impugned order passed by the High Court is liable to be set aside.
