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Deekshit Kumar (private)     15 September 2021

Disposed suit for maintenance - set-aside

Hello Sirs,

please clarify if a Disposed Ex-parte Order/Decree For Maintenance of year 1997 be Set-Aside Now (in 2021) or is it barred by limitation?

Thanks in advance



 2 Replies

G.L.N. Prasad (Retired employee.)     16 September 2021

It appears from the facts stated that the limitation period was over the long back for further appeal. If the summons are not served or if there is an element of fraud that came to the notice of the respondent, there is a possibility of extending the limitation period from the date of knowledge. A competent local advocate may advise you if there are such chances.
1 Like

Dr. J C Vashista (Advocate )     17 September 2021

When did you come to know about the ex-parte decree, limitation starts from the date of knowledge. However, is it possible that the respondent did not come to know the ex-parte order/decree passed against him/ her regarding maintenance since 1997 i.e., during past 24 years ? Whether the decree holder did not file any execution during last 24 years, which is impossible. However, if the DH did not move execution, it is barred by limitation after 12 years since 2008.

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