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.