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    <title>1961 (9) TMI 106 - ALLAHABAD HIGH COURT</title>
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    <description>A final decree in a partition suit passed after the revenue court returned the partition scheme required notice to the defendant before the decree was drawn up; without that opportunity to object, the decree was treated as ex parte and liable to be set aside on natural justice grounds. On limitation, Article 164 of the Limitation Act was confined to the summons for the first hearing of the suit and did not cover later notices at subsequent stages, so an application to set aside such a decree could be maintained within thirty days of knowledge. The matter was remitted for fresh proceedings after notice to the parties.</description>
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    <pubDate>Tue, 19 Sep 1961 00:00:00 +0530</pubDate>
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      <title>1961 (9) TMI 106 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302904</link>
      <description>A final decree in a partition suit passed after the revenue court returned the partition scheme required notice to the defendant before the decree was drawn up; without that opportunity to object, the decree was treated as ex parte and liable to be set aside on natural justice grounds. On limitation, Article 164 of the Limitation Act was confined to the summons for the first hearing of the suit and did not cover later notices at subsequent stages, so an application to set aside such a decree could be maintained within thirty days of knowledge. The matter was remitted for fresh proceedings after notice to the parties.</description>
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      <pubDate>Tue, 19 Sep 1961 00:00:00 +0530</pubDate>
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