C.K. LOKESH versus P.E. PANDURANGA NAIDU
Where notice was not served and substituted service did not reach the defendant, the period to apply for setting aside an ex-parte decree runs from the date of knowledge, and the District Judge correctly allowed the application filed within 30 days of such knowledge.
- Parties
- Appellant/defendant: C.K. Lokesh; Respondent/plaintiff: P.E. Panduranga Naidu
- Jurisdiction
- India
- Judgment Date
- 20 September 1996
- Procedural Posture
- Civil Appeal / Supreme Court Decision on Appeal From High Court Order
- Outcome
- Appeal allowed
- Legal Topics
- Ex Parte Decree, Substituted Service, Declaration of Title, Injunction, Condonation of Delay
Case Brief
Summary, issues, holding and outcome
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Parties
C.K. Lokesh
Appellant/defendant
P.E. Panduranga Naidu
Respondent/plaintiff
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Order
Legal Issues
- 1 Whether the application to set aside the ex-parte decree filed within 30 days from date of knowledge is valid when personal service was not effected and substituted service by publication did not reach the defendant
Ratio Decidendi
Where notice was not served and substituted service did not reach the defendant, the period to apply for setting aside an ex-parte decree runs from the date of knowledge, and the District Judge correctly allowed the application filed within 30 days of such knowledge.
Court Disposition
Appeal allowed
Orders
- Order of the High Court set aside; order of District Judge confirming condonation of delay and setting aside the ex-parte decree restored.
- Appellant directed to appear before District Judge on 28th October, 1996 and file written statement.
Full Case Text
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