- (1.) This is an application made by a notice of motion. The notice of motion is taken out by the attorney for the plaintiff and is dated 19th August 1949. By special leave the notice of motion was made returnable for 22nd August 1949, The notice of motion asks for the following reliefs : "1. Order getting aside the order of dismissal dated 5th May 1949. 2. Restoration of the suit for hearing. 3. If necessary, extension of time for making this application."
(2.) On the day when special leave was asked from the Court to make the notice of motion returnable on 22nd August 1949 the application was not noted as made on that date when the application came on the list on22nd August 1949 the plaintiff did not have the application noted as made even on that date. On 22nd August 1949 directions were obtained from this Court for filing affidavits. Time was taken to file affidavit in opposition by Tuesday week i. e., 30th August 1949 and to file affidavit in reply by the following Monday, i. e., 5th September 1949 and the application remained adjourned for hearing till 6th September 1949 when adjournment was asked, for and granted till the following Tuesday i. e. 13th September 1949. Even on 6th September when the motion was on the list the applicant did not have the motion noted as made on that date. When the motion appeared on the list on 13th September, it was again adjourned at the instance of the parties till the following Friday, 16th September 1949. The application was heard on 16th September 1949. I have stated in detail the career of this motion because an important point of limitation has been raised in defence to this application.
(3.) The facts giving rise to this application may be stated briefly.;