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Period of limitation

(Querist) 09 June 2012 This query is : Resolved 
how to determine 30 days period for moving application to get set aside exparte decree. it is 30 days from decree date or date of knowledge. what will be date of knowledge as defendent had put in appearanc twice after summons were issued to him.
Anirudh (Expert) 09 June 2012
Please tell what is your interest in the case - are you the plaintiff or defendant?
venkatesh Rao (Expert) 09 June 2012
from the date of decree and not from the date of knowledge since the defendant has put in appearance.
kamal (Querist) 09 June 2012
respecte anirudh ji, i am defendent in this case
Anirudh (Expert) 09 June 2012
Yes, it is from the date of decree and not from the date of knowledge (if it is date of knowledge, you can eternally say that you never gained any knowledge!)
Adv. Chandrasekhar (Expert) 09 June 2012
In this case it is date of decree.
R.K Nanda (Expert) 09 June 2012
Agree with experts.
Devajyoti Barman (Expert) 09 June 2012
date of decree.
However section 5of limitation act applies if there is delay.
Shonee Kapoor (Expert) 20 June 2012
agreed with ld. Barman

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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