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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.