appear in C.C.No.1231 of 2007 on the file of the Court of the Judicial Magistrate of the First Class, Cherthala. The documents produced by the defendants would conclusively establish that the second defendant was available in station during February and March, 2008. The ex parte decree was passed in February and an application to set aside the decree was passed only in June,2008. The question to be considered is whether the defendants were prevented by sufficient cause from appearing before the court on the date on which the suit was posted. The further question to be considered is whether the reason stated by the defendants for condonation of delay is genuine. If it is found that the averments made are false, the application is liable to be dismissed, irrespective of the number of days of delay. Even if the delay is more, if sufficient reasons are stated, the delay is liable to be condoned. At the same time, if a false case is set up, the delay cannot be condoned even if the delay is for a lesser period.
