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1 - 10 of 10 (0.20 seconds)The Limitation Act, 1963
Article 123 in Constitution of India [Constitution]
Kuldip Kaur vs Gurdeep Singh on 13 August, 1993
9. This Court in a later judgment rendered in Kuldip
Kaur v. Gurdeep Singh, 1994(1) Civil Court Cases 0001,
after referring to all the previous judgments, also held
that no limitation is provided for setting aside ex parte
proceedings under Order IX Rule 7 of the Code.
Trilok Singh vs Smt. Jamuna Devi And Anr. on 1 November, 1977
In Trilok Singh v. Smt.Ganga Devi, 1983(1)
RLR 688, it was observed that period of 30 days under
Article 123 of the Limitation Act, 1963, applies only to an
ex parte decree and not to ex parte proceedings and that
there was no limitation provided for setting aside the ex
parte proceedings, which depends upon the discretion of
the Court, on the peculiar facts of each case.
Article 137 in Constitution of India [Constitution]
Palani Nathan vs Devanai Ammal on 14 December, 1987
Similar
view was taken in Palani Nathan v. Devanai Ammal,
(1989) 2 Mad L.J. 259.
Delhi Development Authority vs Shanti Devi And Anr. on 3 September, 1981
In another judgment rendered in Delhi Development
Authority v. Shanti Devi, AIR 1982 Delhi 159, it was
observed that there was no rule that an application under
Order IX Rule 7 of the Code is to be filed within 30 days
from the date of order of proceeding ex parte.
Nirmala Devi vs Hari Krishan on 1 December, 2014
3. Learned counsel for the petitioner contended that period of 30 days
is stipulated only for setting aside exparte decree dated 17.08.2017 under
Article 123 of the Limitation Act, 1963 and that no limitation period is
stipulated for moving an application under Order 9 Rule 7 of the CPC and
further that there was no requirement that an application under Order 9
Rule 7 of the CPC had to be filed within a period of 30 days from the date
of exparte order. Reference in this context is made to the decision of this
Court in 'Nirmala Devi versus Hari Krishan, 2015 (5) RCR (Civil)
Ghanshyam Dass vs Kamal Kishore And Another on 7 July, 2011
This Court in Ghanshyam Dass Vs. Kamal Kishore and
another 2011(4) Civil Court Cases 343 examined the
provisions of Order 9 Rule 7 CPC and held that there is no
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Civil Revision No. 4223 of 2018
(122) 3
period of limitation prescribed for filing application for
setting aside exparte proceedings. The limitation prescribed
is only for exparte decree. The relevant observation reads as
under:-
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