H.R.SODHI, J.

1. Criminal Revision 318 of 1968 has been referred to the Full Bench for decision but the main question that we are called upon to determine is at to what is the terminus a quo for reckoning the period of limitation for an application to have the ex parte order of maintenance made under Section 488, Criminal Procedure Code, set aside when it is alleged that the respondent against whom the said order was passed was not duly served and that he acquired knowledge of the order only within three months preceding the date of the application made by him in this behalf. The answer indisputably depends on the interpretation of proviso to Section 488(6). Chapter XXXVI of the Code confers a statutory right of maintenance upon a wife or a child when the husband or the father, as the case may be, having sufficient means neglects or refuses to maintain them. The enforcement of this right is by means of a summary procedure as stated in the said chapter and Sec. 488(6) appearing therein reads as under :-

"488(6) All evidence under this Chapter shall be taken in the presence of the husband or father, as the case may be or, when his personal attendance is dispensed with, in the