Law:

Section:

(a) Civil Procedure Code (V of 1908)---O.V, Rr.17, 20 & O.IX, Rr.6 & 13---Limitation Act (IX of 1908), Art.164---Ex parte decree, setting aside of---Time barred application---Effect---Period of limitation started from the date of knowledge---Scope---Ex parte decree was passed against the petitioner/defendant---Application for setting aside ex parte decree was dismissed by trial and appellate Courts being time barred---Contention of the petitioner was that he was not served with the notice of Court and ex parte proceedings were initiated without observing legal requirements provided for passing ex parte decree---Validity---Perusal of the order sheet of trial Court revealed that summons was not returned either served or unserved, but instead of issuing fresh notice for personal service or service through male member of petitioner/defendant's family, the Trial Court had ordered for service through affixation of summons on conspicuous place with boundaries---Trial Court had ordered service by affixation at pre-mature stage, as the legal requirement prior to the same was not complied with and even the service by affixation was not proved on the record---Trial Court had not examined the process server who had affixed the notice on conspicuous place and as such on the first date of hearing, the petitioner/defendant was placed ex parte which culminated into ex parte decree---Limitation for filing application seeking setting aside ex parte decree was thirty days---Limitation has to be reckoned from the date of decree but where summons was not duly served, the Limitation would start from knowledge of the defendant---Service of petitioner/defendant was not effected and service through affixation at conspicuous place was also effected at pre-mature stage and as such the petitioner/ defendant was not duly served, therefore the limitation commenced only from the knowledge of the petitioner/defendant and not from the decree---Courts below had not adhered to legal aspect of the case and opted to pass the orders in routine matter which were not warranted by law---Ex parte decree was set aside and the case was remanded to the trial Court for decision afresh---Revision…

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