( 1 ) THIS is an appeal from a judgment and order dismissing an application for setting aside an ex parte decree which was passed on 9th March, 1965. The notice of motion was taken out on 7th April, 1965, and made returnable on 20th April, 1965. On the returnable date, directions for affidavits were given. Thereafter, the application was heard and dismissed on May 10, 1965.

( 2 ) THE application has been dismissed on ground of limitation. It is not in dispute that the notice of motion and the petition were duly filed in the Registrar's office on 7th April. If the application is treated as having been made on 7th April, that is to say, on the day the notice of motion and the petition were filed in the Registrar's office, the application is not barred by limitation but if the application is treated as having been made on 20th April when the Court was moved, the application must be held to be barred having regard to Article 123 of the Limitation Act, 1963 which governs the application. On consideration of Section 3 (2) (c) of the Limitation Act, 1963 and the relevant Rules of the High Court, Original Side, the learned Judge has held that the application was made not on