PETITIONER: THE COMMISSIONER, RELIGIOUS & CHARITABLE ENDOWMENTS,BANGALOR Vs. RESPONDENT: KASLIYAPPA GURUKULA SRI VIDYA SHALA DATE OF JUDGMENT01/09/1995 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J) CITATION: 1995 SCC (6) 481 JT 1995 (6) 516 1995 SCALE (5)263 ACT: HEADNOTE: JUDGMENT:
O R D E R
Though the respondent has been served, he does not
appear either in person or through counsel.
Leave granted.
Admittedly, the suit was filed in which the Government
was set ex-parte and an ex-parte decree was granted. Then
the State filed an application to set aside the ex-parte
decree on February 17, 1984 and that petition was dismissed
on the ground that the delay was not properly explained. The
appeal was also dismissed by the High Court.
The question is whether the State has properly given
explanation for not filling the application to set aside the
ex-parte decree within 30 days from the date of the
knowledge. No notice required undere s.80 CPC was issued. In
view of the fact that the office of the Government was
informed on February 15, 1984, the Government must be deemed
to have had notice of ex-parte decree from that date and
within three days thereafter the application was filed.
Therefore, there was no delay.
The appeal is accordingly allowed. No costs.