S K SANKA AIYAR Vs. SKSUBBIAH IYER

JUDGEMENT

(1.) THE Article applicable is Article 161 of the 1st Schedule of the new Limitation Act (IX of 1908), and the time is 30 days from the date when the petitioner had knowledge of the decree in the cases where the summons was not duly served. In this case, the defendant alleged in his affidavit that he was duly served and that he had no knowledge of any of the proceedings. If that was true, there was no bar. THE Subordinate Judge should have decided the plea before dismissing the application. He did not do so.

(2.) HIS order is set aside, and he is directed to restore the petition to his file, and dispose of that according to law. The petitioner s costs will abide the event.