AI Overview...
- Duly Served - Main points and insights
- Service of summons must comply with provisions of the Civil Procedure Code (CPC) to be considered duly served Electric Construction and Equipment Co. Ltd. VS Permali Wallace Ltd. - Madhya Pradesh.
- If summons are not properly served, the limitation period under Article 123 of the Limitation Act, 1963, does not commence CHHUTBAI VS MADANLAL - Madhya Pradesh, CHARANLAL PATEL VS KAVITA JAIN - Madhya Pradesh.
- Service can be challenged if the summons was refused or not accepted, affecting the validity of service S. Ameeran Saheb VS Somanatha Nadar - Madras, Rambhau VS Bank of Maharashtra - Madhya Pradesh.
- Diligent proof of service, such as affidavits from process servers, is crucial; failure to prove proper service can lead to setting aside ex parte decrees Moti Chand Jain (died) through L. Rs. VS Mahesh Chand Pal - Chhattisgarh, Gurdev Singh VS Punjab And Pepsu Finance Co. Ltd. - Punjab and Haryana.
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The term duly served implies adherence to procedural requirements, including proper attachment of notices and correct method of service, including substituted or registered service Electric Construction and Equipment Co. Ltd. VS Permali Wallace Ltd. - Madhya Pradesh.
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Limitation Period under Art. 123 - Main points and insights
- The limitation period to set aside an ex parte decree is 30 days from the date of the decree or from when the defendant had knowledge of the service not being duly effected Gopal Ch. Kalita VS Chiddi Sau - Gauhati, MAHABIR SINGH VS SUBHASH - Uttarakhand.
- If summons were not duly served, the period does not start, allowing the defendant to file an application beyond 30 days CHHUTBAI VS MADANLAL - Madhya Pradesh, CHARANLAL PATEL VS KAVITA JAIN - Madhya Pradesh.
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The limitation clock begins only when the defendant is aware or should be aware of the irregularity in service Gopal Ch. Kalita VS Chiddi Sau - Gauhati, Gurdev Singh VS Punjab And Pepsu Finance Co. Ltd. - Punjab and Haryana.
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Analysis and Conclusion
- Proper service of summons is a prerequisite for the limitation period under Art. 123 to run. Failure to prove duly served service extends the period for challenging an ex parte decree.
- Courts emphasize strict adherence to CPC provisions for service; any deviation can invalidate service and reset the limitation clock.
- Therefore, in cases of doubt about service, the limitation period may not be strictly enforced if the defendant can demonstrate non-compliance with procedural requirements CHARANLAL PATEL VS KAVITA JAIN - Madhya Pradesh, Electric Construction and Equipment Co. Ltd. VS Permali Wallace Ltd. - Madhya Pradesh.
Search Results for "Limitation Act Art 123 Refuse Duly Served"
1997 0 Supreme(MP) 52 • India - Madhya Pradesh
D.P.S.CHAUHAN
ACT, 1963 - ARTICLE 123 - APPLICABILITY. ... Fact of the Case: In a civil suit for ejectment, the defendant was served with summons through process server. ... SUMMONS - SUFFICIENCY - REQUIREMENTS - INTERPRETATION - DELAY IN FILING APPLICATION TO SET ASIDE EX PARTE DECREE - EXPLANATION - LIMITATION ... The learned counsel for the respondent relied on Art. 123 of the Indian Limitation Act which provides 30 days' period of #HL_START....
1981 0 Supreme(Gau) 85 • India - Gauhati
S.M.ALI
ACT, ART.123 - LIMITATION FOR SETTING ASIDE EX PARTE DECREE - COMMENCEMENT. ... The limitation period for setting aside an ex parte decree under Art.123 of the Limitation Act is 30 days from the date of the decree ... was not duly served. ... As regards the point of limitation under Art.123 of the Limitation Act#HL_E....
2007 0 Supreme(UK) 518 • India - Uttarakhand
HARJIT SINGH BEDI, S.B.SINHA
(A) C.P.C., 1908, Order IX, Rule-13, and Limitation Act, 1963, Art. 123 — Ex-parte decree — Setting aside of — Limitation for — Period ... of — Such period is for thirty days which begins from date of decree or where summons or notice not been duly served, when applicant ... Rule 13 — Ex-parte decree — Setting-aside of — Requirement for — Defendant is required to establish that either no summons was served ... Article 123 of the #HL....
1985 0 Supreme(SC) 397 • India - Supreme Court
D.P.MADAN, G.L.OZA
123-appliation to set aside exparte decree-Where summon, has been served it must be filed within 30 days of the decree-But ... served on the defendant. ... Under Article 123 in the Schedule to the Limitation Act, 1963, the period of limitation for making an application to set aside a decree passed ex parte is thirty days from the date of the decree or when the summons or notice was not duly served, when the applicant had knowledge o....
1972 0 Supreme(Mad) 630 • India - Madras
GOKULAKRISHNAN
LIMITATION ACT - ART. 123 - DUE SERVICE OF NOTICE - INTERPRETATION - EX PARTE DECREE - SETTING ASIDE - TIME LIMIT - KNOWLEDGE ... Issues: Whether the summons were duly served. ... The defendants appealed, arguing that the summons were not duly served because the plaint copy was not attached to the summons. ... The corresponding Article in the present Limitation Act for Art. 164 is Article #HL_STA....
1991 0 Supreme(MP) 733 • India - Madhya Pradesh
D.M.DHARMADHIKARI
123 of the Limitation Act the period prescribed for application to set aside the ex – parte decree
2013 0 Supreme(Chh) 355 • India - Chhattisgarh
SANJAY K.AGRAWAL
served on the appellant/defendant and the period of limitation as prescribed in Article 123 of Limitation Act, 1963 would apply ... Act cannot sustain and both orders are hereby set aside holding that summons was not duly served on defendant in Civil Suit - Petition ... was filed trial Court recorded that affidavit of the process server is that wife of the defendant had refused to accept the summons ... as prescrib....
1990 0 Supreme(MP) 162 • India - Madhya Pradesh
P.C.PATHAK
Act, 1963 --- Art. 123 --- expression "duly served" --- means service of summons according to provisions of CPC. ... (1) Limitation Act, 1963 --- Art. 123 --- Civil P.C, 1908 --- O. 5, R. 19-A (as inserted in M.P.) --- substituted service by registered ... [Para 20 ... (7) Civil P.C., 1908 --- O. 5, Rr. 20 or 20-A --- Limitation ... Article 123 of the Limitation Act#HL....
1989 0 Supreme(MP) 165 • India - Madhya Pradesh
A.G.QURESHI, S.K.DUBEY
OF ARTICLE 123 OF THE LIMITATION ACT, 1963. ... C. to set aside the ex parte decree on the ground that the summonses were not duly served. ... the Limitation Act, 1963. ... It has been held that when the summons was not duly served on the petitioners, the limitation under Art. 123 of the Limitation Act does not start running against the petitio....
1972 0 Supreme(P&H) 159 • India - Punjab and Haryana
H.R.SODHI
Finding of the Court: The court found that the appellant was not duly served with the notices and summons. ... ARBITRATION - AWARD - EX PARTE DECREE - SETTING ASIDE - SERVICE OF NOTICE - SUFFICIENCY - REFUSAL TO ACCEPT REGISTERED COVER - EFFECT - LIMITATION ... by the appellant in November 1967, and on the evidence of a process server who claimed to have served the appellant with summons ... The period of limitation as prescribed by Art. 123 of the....
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