NAVIN CHAND NEMICHAND JAWERI Vs. TULSI DOMESTIC APPLIANCES

JUDGEMENT

(1.) THE starting point of limitation for filing an application under Order 9 Rule 13 CPC should be construed from the date of the decree or from the date of knowledge of the decree, is the short question which arises for consideration in this appeal.

(2.) THIS question has emerged in the following circumstances:

(3.) MR . Mathur learned Counsel has placed reliance on Gouri Shankar v. Satyanarain 1992 (2) WLC page 273. Rawal das v. Vasu Devi (RLW 1978 page 151) and Deep chand v. Nandi Ram Sindi (RLW 1973 Page 50). In Gouri Shanker and others (supra),this court indicated that limitation for application under Order 9 Rule 13 is 30 days from the date of decree and not 30 days from the date of knowledge of the decree. In this case the application was filed almost after more than six months from the date of the decree. It was held that order setting aside the decree was arbitrary and liable to be set aside. In Rawal Das case (supra) it was laid down that if the defendant appears but subsequently absent himself and a decree is passed ex parte, time shall be reckoned from the date of the decree. In Deep chand case (supra) provisions of Article 123 were interpreted and It was held that the limitation would run from, the date of the decree, and not from the date of knowledge of the decree.