Supreme Court of India · 1967-02-27
PANNALAL vs MURARILAL
- Citation / case number
- SC 1964/90506
- Court
- Supreme Court of India
- Petitioner
- PANNALAL
- Respondent
- MURARILAL
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's application to set aside an ex-parte decree in a mortgage suit, ruling that under Article 164 of the Indian Limitation Act, 1908, the 30-day limitation period begins from the date the applicant has knowledge of the specific decree sought to be set aside. The Court clarified that 'knowledge of the decree' pertains to the particular decree in question and is assessed based on the defendant's prior dealings and circumstances. The Court affirmed that the appellant's application was barred by limitation as it was filed beyond the stipulated period after gaining knowledge of the decree.