OM CHANDRA Vs. BRAT KOER

JUDGEMENT

(1.) This revision application is directed against the order, dated 12-7-1985 passed by the learned Munsif by which has rejected the application under Section 151 of the Code of Civil Procedure which was registered as Miscellaneous Case No. 21 of 1984 on the sole ground that, the said application was barred by limitation.

(2.) The short facts, for deciding the point raised in this case are that an application under Order IX, Rule 13 of the Civil Procedure Code (hereinafter referred to as the 'Code') was dismissed for default on 11-9-1982. Thereafter, it appears that an application under Order IX, Rule 4 of the Code was preferred which was dismissed on the ground that the same was not maintainable against which a revision was filed in this Court but ultimately the same was withdrawn. Later on, in the year 1984 an application under Section 151 of the Code was filed for restoration of the petition under Order IX, Rule 13 of the Code. By by the impugned order the court below has rejected the said application on the sole ground that the same is barred by limitation.

(3.) Learned Counsel appearing on behalf of the petitioner contended that there is no period of limitation prescribed under the Limitation Act for filing the application for restoring the application under Order IX, Rule 13 of the Code. According to the learned Counsel the only provision which would have applied to such a petition was Article 122 of the Limitation Act, 1963 (hereinafter referred to as the 'New Limitation Act') which reads thus: