Dr. M. Daya, Administrator of H.H. The Aga Khan Hospital, Dar es Salaam v. T. Sanga. Civ. Rev. 3-D-67, 29/7/68, Georges C. J

Dr. M. Daya, Administrator of H.H. The Aga Khan Hospital, Dar es Salaam v. T. Sanga. Civ. Rev. 3-D-67, 29/7/68, Georges C. J

Plaintiff sued defendant in District Court for service rendered. Defendant, being duly summoned, did not appear. Judgment was given ex parte for plaintiff on 20 November 1966, execution proceedings were filed, and defendant was subsequently arrested and brought to court on 20 April 1967, when he first became aware of the judgment against him. On 4 May 1967, defendant was informed by the court of his right to apply for a stay of execution and for a setting aside of the judgment. On 23 May, 1967, such an application was filed.

            Held: Defendant’s application was too late. Under Article 164, Indian Limitations Act, the defendant had a period of thirty days from the date he first knew of the judgment to make application to set it aside. The period does not begin to run from the time when defendant first learned of his right to make such application. If that were so, the period could be indefinitely postponed. Application dismissed.