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1995 Supreme(SC) 898
SUPREME COURT OF INDIA
COMMISSIONER, religious AND CHARITABLE ENDOWMENTS, Bangalore
Vs.
KASLIYAPPA GURUKULA SRI VIDYA SHALA
Decided on September 1, 1995
M.VIRAPPA
Proper explanation for delay in filing application to set aside ex parte decree and the requirement of notice under Section 80 CPC.
Headnote:
Delay - Ex Parte Decree - Explanation for not filing application within 30 days - Notice under Section 80 CPC
Fact of the Case:
The government was set ex parte and an ex parte decree was granted. The State filed an application to set aside the ex parte decree, which was dismissed due to unexplained delay. The High court also dismissed the appeal.
Finding of the Court:
The court found that the government had given a proper explanation for not filing the application to set aside the ex parte decree within 30 days from the date of knowledge. It was deemed that the government had notice of the ex parte decree and filed the application within three days thereafter.
Issues: The issue was whether the State had properly given an explanation for not filing the application to set aside the ex parte decree within 30 days from the date of knowledge, and whether notice under Section 80 CPC was required.
Ratio Decidendi: The court held that in this case, no notice under Section 80 CPC was required, and the government's filing of the application within three days of having notice of the ex parte decree was not a delay.
Final Decision: The appeal was allowed with no costs.
( 1 ) THOUGH the respondent has been served, he does not appear either in person or through counsel
( 2 ) LEAVE granted
( 3 ) 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 17/2/1984 and that petition was dismissed on the ground that the delay was not properly explained. The appeal was also dismissed by the High court
( 4 ) THE question is whether the State has properly given an 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 Section 80 Civil Procedure Code was issued. In view of the fact that the office of the government was informed on 15/2/1984, the government must be deemed to have had notice of ex parte decree from that date and within three days thereafter the application was filed. Therefore, there was no delay
( 5 ) THE appeal is accordingly allowed. No costs
.
