...Article 123 of the Limitation Act is applicable; only 30 days time prescribed for filing application to set aside the ex-parte decree, to be counted from the da...there is sufficient cause for not filing it within such period.9. From Article 123 of the Limitation Act, it will be evident that it prescribes 30 days of ...applicable. For example, if any application is filed u/s 22 (2) (g) for setting aside an order of dismissal for default, the provision of Article 123 of Limitation Act is not attracted. S...

...jurisdiction to decide all disputes that may arise after the preliminary decree.”13. Ex-parte preliminary decree was passed on 3.4.1982 After having knowledge about the said ex-...from the date of knowledge.14. Explanation to Article 123 of the Indian Limitation Act says that substituted service under Article 123 ...about ex-parte decree. The revisional Court has wrongly said that the substituted service shall be considered to be sufficient service.15. Article 123 of Indian Limitation ...

...appearing for the revision petitioner would submit that due service in accordance with the procedure known to law was effected. Further it is his submission that the ex-parte decree was passed as early as on 20.10.2009 and ...rightly filed an application within 30 days from 7.12.2009, the date on which she came to know of the ex-parte decree as against herself. Under Article 123 of the Limitation ....5. In the above facts and circumstances, the trial Court found that it is just to set aside the ex-parte decree granted in favour of the revision petitioner.6. Learned counsel...

...limitation. It is contended on behalf of the petitioner that since the petitioner acquired knowledge of the passing of the ex-parte decree in the year 2002, he filed the application for setting aside the ...123. To set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex-parte. Thirty Days The date of the decree or where the summons or notice was not duly...28.11.1990 On proceeding ex-parte against the defendant-petitioner, the trial court passed the ex-parte decree on 17.3.1999 This decree was later on modified vide order dated 31.7.2000 The petitio...

..., it is evident that the defendant-respondent no. 1 has come out with a definite case in his petition under Order 9 Rule 3 C.P.C that he got the knowledge of the ex parte decree only on 30.06.2011. The prescribed period of ...2014 dt.20-10-2016 2 under Article 227 of the constitution of India assailing the impugned order by which the learned court below has set aside the ex parte decree on the application filed by the...- respondent no. 1was hopelessly barred by limitation as it was filed 22 years after passing of the ex parte decree. It has been next submitted that the suit was for partition and the plaintiff and the...

...Order 9 CPC to set aside the ex parte decree with a petition to condone delay, inasmuch as that petition was filed beyond 30 days from the date of ex parte decree. In view of ...Section 5 of Limitation Act for setting aside an ex parte decree, even in case of delay is wholly incorrect and is erroneo...this case, as summons were duly served on the revision petitioner, as per Article 123 of Limitation Act the period of limitation is 30 days from the date of decree. As t...

...respondent 1, the High Court was justified in setting aside the ex parte decree.4. Under Article 123 of the Limitation Act, 1963, a period of 30 days is prescri...further that the application for setting aside the ex parte decree was hopelessly barred by limitation and that the High Court was not justified in interfering with the said order in exercise of its...application to set aside a decree passed ex parte. The starting point for computing the said period of limitation is the date of decree or where the summons or notice was not duly served, when the...

...completely failed to show any “sufficient cause” for filing a belated application under Order 9 Rule 13 CPC on 01.06.2006 seeking setting aside of the ex-parte decree dated 20.05...applicant-appellant's (hereinafter ‘the applicant’) application under Order 9 Rule 13 CPC for setting aside the ex-parte decree dated 20.05.2005The Tribunal...that an application for setting aside an ex-parte decree passed subsequent to service of summons shall be filed within 30 days...

...decided ex parte. The appellant filed an application under Order 9 Rule 13 CPC to set aside the ex parte decree. The trial court held that it was barred by limitation under Article ...that when the summons is proved to be duly served, then the limitation begins to run under Article 123 from the date of decree. But when the summons, though served, but the defendant does not have...of Order 9. Thus, the summons was not duly served. The limitation began to run only when the appellant had knowledge of the ex parte decree. From the date of the knowledge, admittedly, the...

...on 27.2.2018 through the paper publication made in ‘Mangalam Daily’ in the execution proceedings. Thus, he got knowledge about the ex-parte decree on 27.2.2018 and the application was filed on 26.3.2018, within 30 days from...to set aside the ex-parte decree on 26.3.2018. The said application was dismissed on the sole ground that no application to condone the delay in filing the said I.A No. 1403/2018 was filed before the...petitioner and the learned counsel for the respondents.3. Admittedly, the petitioner was set ex-parte on 22.9.2016 and the application to set aside the ex-parte decree was filed on...

...an ex parte decree against them.11. Under Article 123 in the Schedule to the Limitation Act, 1963, the period of limitation for making an applica...appellant and that the said application was not barred by limitation and he accordingly allowed the said application with costs and set aside the said ex parte decree as against the appellant and...in an application under Rule 13 of Order IX of the Code of Civil Procedure had set aside an ex parte decree passed against the appellant and Respondent 10.2. The parties...

...13 CPC was filed by the defendant on 12-12-2012, much beyond the period of limitation otherwise provided for i.e 30 days under Article 123 of the Limitation Act,1963. I ...-8-2005. Article 123 of the Limitation Act, 1963 provides that application for setting aside a decree passed ex-parte is to be filed within thirty days, commencing the...Bharatpur, whereby the application filed by the defendant under Order 9 Rule 13 CPC seeking to have set aside the ex-parte decree dated 17-8-2005 in a money suit laid by the...

...an application to set aside the ex parte order, there is no limitation, and Article 3/7 123 of ..., he would submit that the very observation of the learned trial Judge that Section 5 of Limitation Act application has to be filed along with condonation of delay of two years and three months, is perverse. ..., stipulating time frame to file an application to set aside the ex parte order. 10. Even according to Article 137 of Limitation Act, the time limit to file an...

...Publication i.e, substituted service in Chardi Kalan Daily. Article 123 of the Limitation Act provides 30 days limitation for setting aside of the ex parte ...passing of the decree or from the date the applicant gains knowledge. The explanation below the Article 123 lays down that substituted service is no service in the eyes of law. For a ready reference ...Act in the Court of Additional District Judge, Ludhiana on December 04, 1999 and secured ex parte decree dated December 12, 2000 in his favour.2. A perusal of the record shows that the...

...C.P.C., for setting aside the ex parte judgment and decree has been filed on 18.08.2012 i.e. after about 9 years of the passing of the ex parte decree. As per ..., the limitation to file the application for setting aside the ex parte decree is 30 days from the date of decree or where the summons or notice was not duly served when...the application under Order 9 rule 13 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’) for setting aside the aforesaid ex parte judgment and decree dated 11.11.2013 primarily on the ground...

.... 3. Learned Assistant Collector has relied upon the provision contained in Article 123 of the Schedule to Limitation Act for rejecting the objection raised by petitioner on the que...Procedure, 1908 (5 of 1908) shall not be deemed to be due service. 4. From plain reading of Article 123 of the Limitation ...an application for re-hearing an Appeal decreed or heard ex-parte. This is not a case here, as there is no application for setting aside a decree passed ex-parte or for re-hearing an Appeal. Thus, ...

...is only a delay of 24 days in filing the application. According to the Appellant, the period of limitation begins to run from the date of knowledge of the ex-parte judgment on getting the notice in the R.P. as stated above....under Article 123 of the Limitation Act would apply to an application to set aside a decree passed ex-parte or rehear an appeal decree or heard ex-parte and the...- parte. Hence, it was submitted that Article 123 would govern an application for setting aside an ex-parte order and that the Hon'ble High Court in the aforesaid decision of Nandu D. Chhabria (Supra...

...of the ex parte decree from 31-8-2004 and not from 18-12-2004. Here it is to be considered whether the said notice was for conveying the information as to the ex parte decree under reference. The ...section 5 of the Limitation Act, supported by affidavit, showing that on 18-12-2004 he came to know about the ex parte ...123 provides that for setting-aside an ex parte decree...

...defendants on 31st May, 2000 but his submission is that the defendants had knowledge about ex-parte order dated 23rd October, 1999 and ex-parte decree dated 23rd March, 2000.9. The trial Cou...9 R 13 CPC (Annexure-3) wherein they have not even made a prayer for condonation of delay in filing the application alongwith a prayer for setting-aside the ex-parte decree and the reason is that they claimed ...as under:—Article Description of application Period of limitation Time from which period begins to run 123 To set aside a decree passed ex parte or to re-hear an appeal decreed...

...averment in the application that the defendant has approached the Court after receiving knowledge of the decree. Article 123 of the Limitation Act prescribes the ...applicant that the application for setting aside the ex parte decree was barred by the period of limitation.5. Now coming to the merits of the case, it is not disputed that the summons was...the application of the original defendant for setting aside the ex parte decree dated 8-8-2000 in Regular Civil Suit No. 458 of 2000 was allowed subject to payment of costs of Rs. 3,000/- under Order...