KAKA RAM Vs. PRABHA SHANKER

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against a judgment of the learned Single Judge passed in C. M. P. No. 44/82 on 21.7.1984. The petition was filed by the appellant before the learned Single Bench in terms of order 41 Rule 19 of the Code of Civil Procedure, for re -admission of the appeal which was dismissed in default on 24.2.1981. The petition was filed on 10.3.1982. Obviously the C. M. P. was much belated. It was filed after expiry of more than a year, while as under Art. 168 of the Limitation Act the period prescribed for moving such an application is 30 days from the date of dismissal.

(2.) APPELLANTS case is that he did not have the knowledge of the dismissal upto 6.3.1982. It, according to the appellant, was on 6.3.1982 that he got the knowledge of the dismissal. Therefore", he pleads that limitation of thirty days, as prescribed by Art. 168 of the Limitation Act, will run from 6.3.1982.

(3.) LEARNED Single Bench has rejected this plea and on a plain construction of Art. 168 held that period of limitation would run from 24.2.1981, when the matter was dismissed and not from 6.3.1982 when the appellant allegedly assumed knowledge of the dismissal. Learned Single Bench has advanced following two reasons for dismissal of the application: -