C Prabhakar Rao vs Sama Mahipal Reddy 2025 INSC 311 - Order IX Rule 13 CPC - Setting Aside Ex Parte Decree & Delay Condonation
Code of Civil Procedure 1908 - Order IX Rule 13- The procedure for setting aside the ex-parte decree will be distinct from the procedure for condoning the delayed filing of the application to set aside the ex-parte decree - The adjudication and determination of a court with respect to setting aside the ex-parte decree are independent of the adjudication with respect to condoning the delay -The remedies against these orders are independent and one remedy would not subsume the other. They must be adopted and pursued independently. (Para 11)