Knowledge of the specific ex parte decree starts limitation for setting aside it under Article 164, not vague notice alone.

Under Article 164 of the Limitation Act, 1908, time for an Order IX Rule 13 application runs only when the applicant has knowledge of the specific ex parte decree sought to be set aside, not from vague notice that some decree exists. The relevant test is whether the information, viewed with the surrounding facts, gave clear awareness of the decree and the resulting injury so that effective challenge was possible. On the facts, personal information about the decree, the connected suits, and the parties' dealings was sufficient to impute knowledge of the particular decree, so the application filed later was time-barred.

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Issues: Whether, for an application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908, limitation under Article 164 of the Indian Limitation Act, 1908 begins to run only when the defendant has knowledge of the particular decree sought to be set aside and not merely vague information that some decree has been passed.

Analysis: The expression "knowledge of the decree" in Article 164 means knowledge of the particular decree against the applicant. Mere vague or general information that a decree has been passed is insufficient. The test is whether the information conveyed, in the light of the surrounding facts known to the defendant, gave a clear perception of the specific decree and the injury suffered, so that effective steps could be taken to challenge it. On the facts, the defendant had been personally informed of the ex parte decree, knew that the suits were connected, and knew the nature of the dealings between the parties. That information was sufficient to impute knowledge of the specific decree in Suit No. 25 of 1958.

Conclusion: Limitation commenced on the date when the defendant received clear knowledge of the particular ex parte decree, and the application filed thereafter was barred by time.

Ratio Decidendi: Under Article 164 of the Indian Limitation Act, 1908, limitation for setting aside an ex parte decree starts only when the applicant has knowledge of the specific decree sought to be set aside, not when he merely receives vague information that some decree has been passed.

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