GAUHATI UNIVERSITY vs SH. NIHARLAL BHATTACHARGEE

The Supreme Court held that the appellant-University was not duly served with summons as required under Order 5 Rule 6 and Order 9 Rule 6 CPC, leading to an ex-parte decree. The Court clarified that limitation under Article 123 of the Limitation Act, 1963 begins only when the defendant has knowledge of the decree, not from the date of the decree itself. The Court set aside the lower courts' orders, allowing the application to be filed within the stipulated time after knowledge of the decree.