Supreme Court · 2005 INSC 410 · Decided 8 September 2005
Damodaran Pillai and ORS. v. South Indian Bank LTD.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 410 · [2005] SUPP. 3 S.C.R. 117
- Case number
- CIVIL APPEAL No. 1079/2004
- Decided
- 8 September 2005
- Bench
- ASHOK BHAN, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21; Limitation Act Section 5
Headnote
Code of Civil Procedure, 1908: Order 21 Rules 105(2), 106(/) and (3) and Section 151. Execution of Decrees-Decree-holder filed execution petition which was dismissed for default under R. 105(2)-Decree-holder filed restoration application much later on the ground that he acquired the knowledge of and allowed the said restoration application under R. 106(3)-High D Court dismissed the revision filed by the judgment-debtor-Correctness of­ Held: Starting point of limitation for filing of restoration application is ihe date of order and not the knowledge thereof-Date of knowledge of
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