AI Overview...
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Application Limitation Period - Under Article 123 of the Limitation Act, an application to set aside an ex-parte decree must be filed within 30 days from the date of the decree or from the date the applicant gains knowledge of the decree if service was improper or not duly effected. The explanation clarifies that substituted service under Order V, Rule 2 does not start the limitation period Shantaram Fatu Prabhu Desai and another VS Harsha Umesh Sardessai and another - Bombay.
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Proper Service of Summons - If summons are properly served, the limitation period begins from the date of the decree. However, if service is not proper or not effected, the limitation period is counted from the date the defendant acquires knowledge of the decree, as established in various judgments K. Janarthan VS R. Thilak Kumar - Madras, K.K.RAVEENDRAN vs P.SARADA - Kerala.
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Impact of Non-Service or Improper Service - Courts have held that lack of proper service does not automatically nullify the decree if the defendant had actual knowledge of the proceedings or decree. The key factor is whether the defendant was aware of the decree, which influences the starting point for limitation Flight Center Travels VS Flight Centre - Delhi.
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Condonation of Delay - Applications to condone delay beyond 30 days are permissible under Section 5 of the Limitation Act, provided there are sufficient grounds. Courts have accepted condonation petitions even when delays are substantial, especially when the applicant claims ignorance of the decree due to improper service Abul Hasan VS Addl. Commissioner IInd - Allahabad, Meena Ram VS Vinay Nanda - Himachal Pradesh.
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Judicial Approach in Setting Aside Ex-Parte Decrees - Courts have emphasized that non-service or improper service can be grounds to set aside an ex-parte decree, but the applicant must demonstrate lack of proper service and lack of knowledge of the decree within the limitation period. The onus is on the applicant to prove that they were not properly served and did not have knowledge of the decree UNNIKRISHNAN vs SHABEENA - Kerala, Abul Hasan VS Addl. Commissioner IInd - Allahabad.
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Legal Precedents and Principles - The jurisprudence indicates that knowledge of the decree is a crucial factor in determining the limitation period. Even if service was not proper, if the defendant knew of the decree, the application to set aside must be filed within 30 days from that knowledge, failing which it may be barred K.K.RAVEENDRAN vs P.SARADA - Kerala.
Analysis and Conclusion
The main insight is that Article 123 of the Limitation Act prescribes a 30-day limitation for filing applications to set aside ex-parte decrees, starting either from the date of the decree or from the date the defendant becomes aware of the decree if service was improper. Proper service of summons is essential, but lack of proper service does not preclude the decree's validity if the defendant had actual knowledge. Courts also recognize the possibility of condoning delays under Section 5, especially when the applicant demonstrates ignorance due to improper service. Therefore, in cases of ex-parte decrees without proper service, the key factors are timely filing and proof of lack of knowledge, which influence the court's decision to set aside such decrees.
Search Results for "Article 123 Limitation Act Exparte Decree no Proper Service of Summons Review"
1998 0 Supreme(Bom) 105 • India - Bombay
R.M.S.KHANDEPARKAR
-In terms of Article 123 of the Limitation Act an application for setting aside the ex-parte decree can be filed within 30 days from ... filed-Non-service of summons or notice-Limitation to start from date of knowledge for filing application. ... The explanation to Article 123 further clearly provides that substituted service under Order V, Rule 2 shall not be deemed to be ... In terms of section ....
1992 0 Supreme(Mad) 194 • India - Madras
SRINIVASAN
LIMITATION ACT - ART. 123 - SETTING ASIDE EX PARTE DECREE - SUMMONS DULY SERVED - STARTING POINT OF LIMITATION - DATE OF DECREE ... The starting point of limitation for setting aside an ex parte decree under Art. 123 of the Limitation Act is the date of the decree ... The service of summons in the transferor court is relevant ....
2018 Supreme(Online)(KER) 45844 • India - High Court of Kerala
K.HARILAL, ANNIE JOHN, JJ
Limitation - Ex Parte Decree - CPC 9, 5, Limitation Act 123 - The court ruled on the lack of due service of summons and the interpretation ... of knowledge of decree for limitation purposes, ultimately affirming the dismissal of the appellant's applications. ... filing to set aside the ex parte decree. ... According to Article 123 of the Limitation Act....
2009 Supreme(Online)(KER) 10172 • India - High Court of Kerala
P.R.RAMAN, V.K.MOHANAN, JJ
to substituted service. ... Civil Procedure - Ex-parte Decree - Code of Civil Procedure, Order IX Rule 13 - The court elucidated on the requirements for setting ... Fact of the Case: The appellant, a seventh defendant, sought to have an ex-parte decree set aside, alleging ignorance ... One may now refer to Article 123 of the Limitation Act. It reads as follows: “123. ... Financial Commissioner ((2008) 7 SCC 663) on facts it was found that it could ....
2020 0 Supreme(All) 464 • India - Allahabad
SARAL SRIVASTAVA
Limitation Act – Condonation of delay – Application has been filed to condone the delay in filing the Substitution ... aside ex-parte judgment and decree. ... aside ex-parte judgment and decree. ... Article 123 of schedule of the Limitation Act, 1963 provides for limitation in filing an application to set aside a decree passed exparte or heard exparte. ... It is further stated th....
2013 0 Supreme(Del) 114 • India - Delhi
SANJAY KISHAN KAUL, VIPIN SANGHI
The court held that the absence of service of summons on one of the respondents did not nullify the decree, and the respondents' ... Ratio Decidendi: The court held that the absence of service of summons did not nullify the decree if the defendant had knowledge ... Issues: The issues included the absence of service of summons, the amendment of the plaint without notice to the respondents ... Where a literal conformity with the C.P.C. is wanting, th....
2009 0 Supreme(Mad) 3098 • India - Madras
M.VENUGOPAL
Act, praying to condone the delay of 268 days in filing the application to set aside the exparte decree dated 03.01.2006. ... The petitioner claimed that the exparte decree was passed without their knowledge and that they had settled the suit property in ... Section 5 of the Limitation Act. ... ... Article 123 of the Limitation Act, 1963 provides for 30 days time for filing such an application. .....
2004 0 Supreme(Cal) 770 • India - Calcutta
ASIT KUMAR BISI, ALTAMAS KABIR
The bank appealed, arguing that Article 137 of the Limitation Act, 1963, which provides a three-year limitation period for applications ... LIMITATION ACT - ARTICLE 137 - APPLICABILITY TO WRIT PETITIONS - Condonation of Delay in Filing Application for Recalling Judgment ... Article 137 of the Limitation Act, 1963 applies to any petition or application filed under any Act to a Civil Court, includin....
2023 0 Supreme(HP) 3 • India - Himachal Pradesh
SATYEN VAIDYA
30 - Limitation Act, 1963 - Article 123 - Condonation of delay - Applicant filed an application CMP with a prayer to recall judgment ... , under Article 123 of the Limitation Act, to file an application under Order 41 Rule 21 of the Code is 30 days from the date of ... decree and when the summons or notice was not duly served, from the date of knowledge of passing of such decree (Para 8). ... The ....
2022 0 Supreme(All) 892 • India - Allahabad
SANGEETA CHANDRA
decree passed against him in a suit for eviction and damages, the order rejecting his application to set aside the ex-parte decree ... The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate ... Fact of the Case: The petitioner filed a petition under Article 227 of the Constitution of India challenging the ex-parte ... The Court observed that it was admitted that there was no personal service of summons and #HL_STA....
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