1. An interesting point, which does not seem to have been covered by a decision of any High Court so far, arises on this appeal. The respondents filed a summary suit against the appellants on the 1st July 1955 and the summons was served on 1st September 1955. The appellants failed to file an appearance and a decree was passed on 16th September 1955. The decree was sealed on 17th November 1955 and a copy of the decree was served upon the appellants on 24th November 1955. On 3rd December 1955 the appellants took out a notice of motion to set aside the decree and Mr. Justice Coyajee dismissed that motion taking the view that the notice of motion was barred by limitation.

2. Now, if limitation begins to run from the date of the decree, viz., 16th September 1955, and Art. 164 of the Limitation Act applies, then prima facie the notice of motion is barred by limitation. Mr. Gauba wanted to argue that limitation begins to run not from 16th September 1955 when the decree was passed, but from 17th November 1955 when the decree became effective by its being sealed. But in our opinion it is unnecessary to consider that aspect of the matter because Mr. Gauba is on much stronger ground