These two petitions raise an interesting point of limitation law for determination in connection with orders passed under Order 9, rule 13, Civil Procedure Code.

The petitioner was a defendant in two suits. The first was by his wife’s brother, O.S.No. 319 of 1947 for recovery of mesne profits. This was decreed ex parte on 9th January, 1948. He filed an application to set the decree aside on 23rd January, 1948. On this an order was passed on 19th January, 1949, directing the decree, to be set aside on certain conditions, that Rs. 25 was to be paid by 7th February, 1949, and in default the application was to be dismissed. The petition was called on 8th February, 1949 and the Court passed a further order “costs not paid. Dismissed.” The petitioner appealed against this order to the District Judge, who On payment of Rs. 41 by the petitioner to the respondent directed the ex parte decree to be set aside. In C.R.P.No. 1843 of 1949 filed by the plaintiff in that suit against that order, Balakrishna Aiyar, J., set aside the order of the District Judge observing that there was no finding that the appellant was prevented by sufficient cause from appearing in the trial Court on the r