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    <title>1985 (12) TMI 370 - Supreme Court</title>
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    <description>Revisional jurisdiction under Section 115 CPC is confined to jurisdictional error, illegality, or material irregularity; the High Court cannot reappreciate evidence or substitute its own factual findings for those of the subordinate court unless the findings are perverse or unsupported by record. On service of summons and limitation for an application under Order IX Rule 13 CPC, where summons were not duly served, Article 123 of the Limitation Act, 1963 makes limitation run from the date of knowledge of the ex parte decree, not the date of decree. Applying these principles, the trial court&#039;s finding that service was not duly effected was upheld and the application was treated as within time.</description>
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    <pubDate>Fri, 20 Dec 1985 00:00:00 +0530</pubDate>
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      <title>1985 (12) TMI 370 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=307529</link>
      <description>Revisional jurisdiction under Section 115 CPC is confined to jurisdictional error, illegality, or material irregularity; the High Court cannot reappreciate evidence or substitute its own factual findings for those of the subordinate court unless the findings are perverse or unsupported by record. On service of summons and limitation for an application under Order IX Rule 13 CPC, where summons were not duly served, Article 123 of the Limitation Act, 1963 makes limitation run from the date of knowledge of the ex parte decree, not the date of decree. Applying these principles, the trial court&#039;s finding that service was not duly effected was upheld and the application was treated as within time.</description>
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