MODI, J.—This is a defendants first appeal in a suit for recovery of arrears of rent and damages.

2. A preliminary objection has been raised that the appeal is barred by time.

3. The only question which arises therefore for determination before us at this stage is one of limitation. It is necessary to mention a few dates in order to appreciate this point. The trial Court decreed the suit by its judgment dated 15th February, 1960. An application was then made to the trial Court by the defendants for setting aside the exparte decree on the 20th of March, 1960. This application was dismissed on the 8th of August, 1960. The present appeal was then filed in this Court on 19th of August, 1960, and was obviously barred by time. An application under sec. 5 of the Limitation Act was also filed by the defendants along with the memorandum of appeal.

4. The main ground made in this application is that the appellants were under the impression that the decree, which was passed against them on the 15th of Feb., 1960 in their absence, was passed really under O. 17 R. 2 of the Code of Civil Procedure, and therefore, they thought it proper to file an application to the trial Court itself for having it

Click Here to Read the rest of this document