- Court
- Supreme Court of India
- Decided
- 1 September 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeal allowed.
Headnote
Code of Civil Procedure, 1908 : Order IX-R.ule 13. Ex-Parte decree-Setting aside of-Application filed within 3 days of knowledge-Held no delay.
On the question whether the State has properly given explanation for not filing the application to set aside the ex-parte decree within 30 ...... days from the date of the knowledge :
AlloWing the appeal, this Court HELD : No notice required under section 80 CPC was issued. In view of the fact that the office of the Government was informed on February 15, 1984, the Government must be deemed to have had notice of ex parte decree from the date and within three days thereafter the application was filed. Therefore, there was no delay. [247-B-C)
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Though the respondent has been served, he does not appear either in person or through counsel.
Leave granted.
Admittedly, the suit was filed in which the Government was set ex-parte and an ex-parte decree was granted. Then the state filed an application to set aside the ex-parte decree on February 17, 1984 and that petition was dismissed on the ground that the delay was not properly explained. The appeal was also dismissed by the High Court.
The question is whether the State has properly given explanation for not filing the application to set aside the ex-parte decree within 30 days from the date of the knowledge. No notice required under s.80 CPC was issued. In view of the fact that the office of the Government was informed on February 15, 1984, the Government must be deemed to have had notice of a parte decree from that date and within three days thereafter the application was filed. Therefore, there was no delay.
.... The appeal is accordingly allowed. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8077 of 1995.
From the Judgment and Order dated 19.6.89 of the Karnataka High Court in M.F.A. 1046 of 1989.
Appearances
M. Veer~ppa for the Appellants.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.