R.L.Anand, J.

1. This is a civil revision and has been directed against the order dated 11.9.1999, passed by the Distt. Judge, Hoshiarpur, who dismissed the application of the present petitioner-appellant under section 5 of the Limitation Act and dismissed the appeal.

2. Some facts can be noticed in the following manner:-

(i) Kirpal Singh, respondent before me, filed a money suit for a sum of Rs. 2,44,350/- against the petitioner. The suit was contested by the petitioner. The suit was contested by the petitioner, who even engaged a counsel and filed the written statement. Rejoinder was also filed by Kirpal Singh and on the pleading of the parties, which need not be incorporated in the present order, issues were framed.

(ii) The evidence of the plaintiff-respondent started. The plaintiff examined some witnesses and closed the evidence. The case was adjourned for the evidence of the defendant-petitioner. Sufficient opportunity was given to the defendant to produce his evidence. Before I proceed further with this order, it may stated that as per the case of the plaintiff, the defendant was a resident of Canada. The case in the trial Court came up for hearing on 27.8.1997 and i