Law:

Section:

(a) Limitation Act (IX of 1908)----Arts. 164 & 169 read with Civil Procedure Code (V of 1908), O. IX, rr. 6 & 13-Words and phrases-Words "summons" and "notice"-Word "summons" used in Art. 164-Not used by Legislature in a general sense so as to mean every form of judicial process including a notice-Word "summons" in Art. 164-Used in contradistinction from notice and other forms of processes with a definite intention and purpose, such purpose being to corelate Art. 164 with phraseology used in O. IX, r. 13, Civil Procedure Code, 1908, having a bearing on, and connection with, main provision permitting ex parte decree on very first hearing of suit viz. O. IX, r. 6.-[Words and phrases]. (b) Civil Procedure Code (V of 1908)----O. IX, rr. 6 & 13 & O. XVII, r. 2-Words "Sufficient cause "­ Causes to be treated as sufficient.-[Words and phrases]. (c) Civil Procedure Code (V of 1908)-- O. IX, rr. 6 & 13 read with Limitation Act (IX of 1908), Arts. 164 & 181-Ex parte decree, setting aside of-Limitation-Any cause shown for non-appearance at first hearing, whether non service of summons, or any other sufficient cause, e.g., accident or act of God-Art. 164 applies to such case and Limitation commences from date of knowledge of decree (when summons not duly served) otherwise from date of decree-Application for setting aside ex parse decree not covered by Art. 164-Governed by residuary Art. 181 giving period of limitation as three years from accrual of right to apply ­Ex parte decree passed on a date after initial service of summons, on fresh hearing after return of records from High Court, and defendants having no notice of date of bearing when such decree passed­ Applications for setting aside ex parte decree made within three years of ex parte decree as also from date of knowledge of decree, held, within prescribed limitation period. Manager, Jammu & Kashmir, State Property in Pakistan v. Khuda Yar and another P L D 1975 S C 678 ; Muhammad Swaleh and another v. Messrs United Grain & Fodder Agencies P L D 1964 S C 97 ; Mian Kamal Din v Malik. Muhammad Bashir and others P L D 1952 Lab. 456 ; Netai Sikari and others v. Sashi Bhusan Biswas and others P L D 1962 Dacca 60 ;…

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