( 1 ) THIS revision has been presented by the defendant, the Punjab Oil Expeller Company of Ghaziabad, against an order of ths learned Additional District Judge, Delhi, dated 17th August 1962 affirming on appeal an order of a learned Subordinate Judge 1st Class, Delhi, made on 26th March 1962 decling to set aside the ex-parte order dated 13th June 1958 on the ground that there was due service of the defendant and that the application was barred by time under Article 164 of the Indian Limitation Act.

( 2 ) IT would be helpful at this stage to state the relevant facts. The suit out of which these procceedings arise was instituted on 28th March 1958 for the recovery of Rs. 1,537/5/9 and the same was registered on 3rd April, 1958. On the date of registration of the suit, it was ordered that summonses should go for 12th May 1958. No inter- mediate date was fixed. There is a note at the bottom of the older suggesting that in case of refusal service should be effected by affixation. This note is obviously somewhat suspicious. On 12th May 1958, the order shows that the plaintiff s counsel was present and the report was that service had been effected by affixation but the defendant