This revision application has been filed against the order dated 27.8.2010 passed by the learned District Judge, Hazaribagh, in connection with Misc. Appeal No. 22 of 2008 whereby the learned District Judge has dismissed the appeal on the ground that compliance of order XLI rule 3 A of the Code of Civil Procedure, was not complied with.

2. It is submitted that the Misc. Appeal No. 22 of 2008 was filed by the petitioner on 17.12.2008 under Order XLIII rule 1 of the Code of Civil Procedure for setting aside the order of abatement and petition under section 5 of the Limitation Act was filed on 15.1.2009. The petitioner has assigned valid reasons in the application under section 5 of the Limitation Act, but the learned Dist. Judge has wrongly considered the observations made by this Court in the case of National Insurance Co. Ltd Vs. Smt Runiya Binha & Ors reported in 2008(4) JCR 753 (Jhr) and dismissed the appeal. It is submitted that the provision contained under order XLI, rule 3A, C.P.C. is not mandatory, rather it is directive. The judgment relied upon by the learned court below was passed in prevailing circumstances. In that very case, adjournments after adjournments were