PANNALAL versus MURARILAL

PANNALAL versus MURARILAL

The period of limitation under Article 164 of the Indian Limitation Act, 1908, for an application to set aside an ex-parte decree commences when the defendant has clear knowledge of the particular decree sought to be set aside; in this case, such knowledge was acquired by the appellant on August 16, 1958, rendering his application filed on April 16, 1959, time-barred.

Parties
Appellant: Pannalal; Respondent: Murarilal
Jurisdiction
India
Judgment Date
27 February 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation for Setting Aside Ex Parte Decrees, Interpretation of 'knowledge of the Decree'
Limitation Law Civil Procedure Limitation for Setting Aside Ex Parte Decrees Interpretation of 'knowledge of the Decree'

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Parties

Pannalal

Appellant

Murarilal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment

Legal Issues

  1. 1 When does limitation commence under Article 164 of the Indian Limitation Act, 1908 for setting aside an ex-parte decree?
  2. 2 What constitutes 'knowledge of the decree' within Article 164?

Ratio Decidendi

The period of limitation under Article 164 of the Indian Limitation Act, 1908, for an application to set aside an ex-parte decree commences when the defendant has clear knowledge of the particular decree sought to be set aside; in this case, such knowledge was acquired by the appellant on August 16, 1958, rendering his application filed on April 16, 1959, time-barred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs