Unexplained delay and failure to pay conditional costs justify refusing to reopen an ex parte decree.

In A. No. 2826 of 2024, the Court had condoned a 140-day delay in applying to set aside the ex parte decree in C.S. No. 614 of 2013, subject to payment of costs of Rs. 50,000.

The applicant did not pay the costs, and the application was dismissed on 30 July 2024. The applicant then filed the present applications seeking, among other relief, condonation of a 530-day delay in seeking to set aside that dismissal, setting aside the dismissal order, a stay of execution of the 2019 ex parte decree, and extension of time to pay the costs.

The Court recorded that the decree had consequently attained finality.

1. Whether the 530-day delay in applying to set aside the 30 July 2024 dismissal order should be condoned

2. Whether the applicant was entitled to have the dismissal order set aside, obtain a stay of execution of the ex parte decree, or receive further time to pay the costs

The order cites no statute or precedent.

The Court applied the procedural requirements relevant to the applications before it: the applicant had to comply with the costs condition imposed when the earlier delay was condoned and provide a satisfactory explanation for the subsequent delay.

The Court treated the failure to comply with the costs order as resulting in dismissal of the earlier application and finality of the ex parte decree.

The applicant admittedly failed to pay the Rs. 50,000 costs required by the 26 June 2024 order, leading to dismissal of the earlier application on 30 July 2024.

The Court found the explanation for the further 530-day delay unsatisfactory and inadequately supported, and considered the applicant’s conduct indicative of an attempt to protract the proceedings.

In those circumstances, it declined to grant the requested procedural and consequential relief.

It refused to condone the 530-day delay, set aside the 30 July 2024 dismissal order, stay execution of the ex parte decree, or extend the time for payment of costs.