Special Circumstances

Decree, as envisaged in R.4, O.XXXVII, C.P.C., is that which may have been passed due to failure of defendant to appear and seek leave or on non-compliance with conditional order granting leave to defend s-it

Such decree may be set aside upon defendant showing special circumstances for his inability to appear and obtain leave within 10 days after grant of leave

Words "special circumstances " exclude ordinary circumstances or circumstances, which may happen ever day and indicate such circumstances as are rare, exceptional and not of common occurrence

­Heavy burden is cast on defendant to show that circumstances had arisen, which besides being good cause or sufficient cause were of special nature, due to which he was unable to appear or fulfil conditions laid down in the Order.