Attilia Mosca v. Hassanali Kassam Damji, Civ, App. 2-D-67; 15/6/67; Duff, J.

Attilia Mosca v. Hassanali Kassam Damji, Civ, App. 2-D-67; 15/6/67; Duff, J.

Plaintiff obtained an ex parte decree against defendant in an action on debt. Defendant applied to have the decree set aside after the thirty-day period for so doing had expired. A summons had been issued, but it was not clear whether it had been served.

            Held: (1) Article 164 of the Limitation Act requires the application to be filed within thirty days of the date of the decree or, where the summons is not served, the date when the applicant has “knowledge of the decree.” The Magistrate must therefore determine whether the summons has been served (2) “Knowledge of the decree” means knowledge “not merely that a decree has been passed by some Court ….. but that a particular decree has been passed …. In a particular Court in favour of a particular person for a particular sum. A.L.R. (1923) Bombay 193. Case remitted to the lower court for further directions.