Judgement

BACHAWAT, J. : This appeal incidentally raises a question of interpretation of Art. 164 of the Indian Limitation Act, 1908. The respondent instituted two suits against the appellant in the court of the first civil judge, Kanpur. Suit No. 25 of 1958 was for the recovery of moneys due on a mortgage for Rs. 50,000. Suit NO. 22 of 1958 was to recover a sum of Rs. 8,000 due on a ruqqa. On May 15, 1958,both the suits were decreed ex parte. The appellant filed an application to set aside the ex parte decree passed in suit No. 22 of 1958. This application was numbered as miscellaneous case No. 104 of 1958. On August 16, 1958, the first civil judge, Kanpur, passed an order setting aside this ex parte decree on certain conditions. The order sheet in O. S. No. 2a of 1958, Misc. Case No. 104 of 1958 on August 16, 1958 stated :

"Heard parties counsel, accept the applicant s affidavit and hold that due to non service applicant was prevented from being present. Allowed on condition of payment of Rs. 150 --as costs within a month and on condition that allotment shall continue.

Sd./- K. N. GOYAL,

16th August, 1958

Applicant is hereby informed of connected decree of 25 of 1958 as well.

Sd./- K