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september 1995

Supreme Court of India · 1995-09-01

COMMR., R & C ENDOWMENTS vs KASHIYAPPA GURUKULA, SRI VIDYA SHALA

Citation / case number
SC 1989/71152
Court
Supreme Court of India
Petitioner
COMMR., R & C ENDOWMENTS
Respondent
KASHIYAPPA GURUKULA, SRI VIDYA SHALA
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the State's application to set aside an ex-parte decree was improperly dismissed due to a lack of explanation for delay, as the State was deemed to have notice of the decree from February 15, 1984, and filed the application within three days. The Court clarified that no notice under Section 80 CPC was required in this case. Consequently, the appeal was allowed, overturning the High Court's decision.

COMMR., R & C ENDOWMENTS vs KASHIYAPPA GURUKULA, SRI VIDYA SHALA · Niyam