Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963-Section 3 and Schedule Article 123 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation Act, 1963 - Section 3 and Schedule Article 123 - Limitation for filing application for setting aside ex-parte decree - Non-appearance of defendant despite delivery of summons - Ex-parte decree - Application for setting aside the decree after its execution - Defendant admitting to the effect that he had knowledge of the decree one and half years prior to filing of application - Maintainability of the application - Held: Application was not maintainable - Defendant was unable to establish absence of service of summons - Application was also barred by limitation - Code of Civil Procedure, 1908 - Or. 9 r. 13.An ex-parte decree was passed on 19.2.1986, in a suit filed by the appellant, as the respondent-defendant did not appear in the court despite service of summons on him. An application for mutation on the basis thereof was allowed on 7.3.1996. Respondent filed application for setting aside of the ex-parte decree on 7.2.1997. The respondent in his cross-examination admitted that he had approached the appellant for not giving effect to the decree one and a half year prior to filing of the application. Trial Court dismissed the application. Appeal thereagainst was also dismissed. High Court allowed the Revision application, on the ground that summons were not properly served and the appellant had not taken recourse to publication in the Newspapers. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1078 |
Petitioner | Mahabir Singh |
Respondent | Subhash And Ors. |
SCR | [2007] 11 S.C.R. 436 |
Judgement Date | 2007-10-12 |
Case Number | 4881 |
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