Venkatarama Ayyar, J.-

The question that is raised in this appeal is whether section 5 of the Limitation Act is applicable to an application filed under the Indian Arbitration Act to set aside an award. In certain arbitration proceedings to which the appellant was a party an award was pronounced and it was filed on the original side of this Court in O.P. No. 66 of 1951. Notice of this petition was served on the appellant on 27th March, 1951. Article 158 of the Limitation Act provides that an application to set aside an award should be filed within 30 days from the date of the service of the notice of filing of the award. The appellant did not file any application to set aside the award within the time limited by Article 158. The High Court was closed for summer recess on the 28th April, 1951 and on the day of reopening the appellant filed Application No. 2355 of 1951 under section 5 of the Limitation Act for excusing the delay in filing the application to set aside the award. That application was dismissed by Krishnaswami Nayudu, J., on the ground that section 5 of the Limitation Act was inapplicable, and this appeal has been brought against that order of dismissal.

Section 5 of the

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