( 1 ) THIS Rule raises an important question, concerning the law of limitation. On or about Jutte 2, 1960, the connected appeal was dismissed for nonpayment of paper book costs. On March 23, 1961, the present rule was obtained for restoration of the said appeal. On the merits, we are satisfied that it is a fit case for restoration, as aforesaid, as sufficient cause has been shown by the appellant petitioner for excusing the default in question and the delay, if any, in the making of the present application is not, in the circumstances of this case, unreasonable. The point, however, has been raised by Mr. Bhattacharya, who appears for the contesting opposite parties, that the instant application is time barred under Article 188 of the Indian Limitation Act and, as a matter of law, Section 5 of that Act has no application here to enable or entitle the Court to condone the delay in the matter.

( 2 ) ON the second question, aforesaid, no decision is necessary as, in our view, the above Article (Article 168) does not apply to cases like the present, which really come under Section 151 of the Code of Civil Procedure (vide Mrs. Minne Lal v. Mahadeo Lal, AIR 1949 Pat