Supreme Court · 2007 INSC 1078 · Decided 12 October 2007
Mahabir Singh v. Subhash and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1078 · [2007] 11 S.C.R. 436
- Case number
- CIVIL APPEAL No. 4881/2007
- Decided
- 12 October 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 3, 123
Headnote
~ Limitation Act, 1963-Section 3 and Schedule Article 123- "f Limitation for filing application for setting aside ex-parte decree- c Non-appearance of defendant despite delivery of summons-Ex-parte decree-Application for setting aside the decree after its execution- Defendant admitting to the application-Held: Application was not maintainable-Defendant D was unable to establish absence of service of summons-Application was also barred by limitation-Code of Civil Procedure, 1908-0r. 9 r. 13. An ex-parte decree was passed on 19.2.1986, in a suit filed by the E appellant, as the
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