Supreme Court · 1995 INSC 684 · Decided 2 November 1995

Gauhati University v. Shri Niharlal Bhattacharjee

Court
Supreme Court of India
Citation
1995 INSC 684 · [1995] SUPP. 4 S.C.R. 764
Case number
CIVIL APPEAL No. 1246/1995
Decided
2 November 1995
Bench
K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act

Headnote

• Code of Civil Procedure, 1908/Limitation Act, 1963: Or. IX, Rules 6, 13/Schedule, Article 123-Suit-Summom~Seivice c of-Summons se1ved on defendant but not in due time Suit decreed ex paite-Application for setting aside ex-pa1te decree rejected as burred by limitation-Held, summons not duly to defendant-In absence of such notice, limitation to begin from knowledge of cr parte decree. D The appellant-University was served on 28.5.1990 with summons for appearance as defendant in a suit before the Civil Court on 29.6.1990. The University sent a letter to the court seeking

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