Article 123 Limitation: When Does It Start if No Proper Notice Served?

In the fast-paced world of litigation, missing a court notice can dramatically alter your legal timelines. Imagine discovering an ex parte decree against you months or even years after it's passed—does the clock for challenging it start ticking from the decree date or when you first learned of it? This is the crux of the legal question: Limitation under Article 123 starts from date of knowledge if no proper notice was served.

This blog post dives deep into Article 123 of the Limitation Act, 1963, exploring how courts interpret 'proper notice' and when the 30-day limitation period truly begins. Drawing from key judgments and statutory principles, we'll clarify this for litigants, lawyers, and anyone navigating civil disputes. Note: This is general information, not specific legal advice. Consult a qualified attorney for your case.

Understanding Article 123 of the Limitation Act, 1963

Article 123 prescribes a 30-day limitation period for applications to set aside an ex parte decree or for rehearing. The provision states the time runs from the date of the decree or, where the summons or notice was not duly served, when the applicant had knowledge of the decree. [