Commissioner, Religious & Charitable Endowments, Bangalo Vs. Kasliyappa Gurukula
Sri Vidya Shala  INSC 452 (1 September 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC (6) 481 JT 1995 (6) 516 1995 SCALE (5)263
O R D
the respondent has been served, he does not appear either in person or through
the suit was filed in which the Government was set ex-parte and an ex-parte
decree was granted. Then the State filed an application to set aside the ex-parte
decree on February 17,
1984 and that petition
was dismissed on the ground that the delay was not properly explained. The
appeal was also dismissed by the High Court.
question is whether the State has properly given explanation for not filling
the application to set aside the ex-parte decree within 30 days from the date
of the knowledge. No notice required undere s.80 CPC was issued. In view of the
fact that the office of the Government was informed on February 15, 1984, the Government must be deemed to
have had notice of ex-parte decree from that date and within three days
thereafter the application was filed.
there was no delay.
appeal is accordingly allowed. No costs.