- (1.) With the consent of the parties, this misc. appeal is heard finally.
(2.) This appeal is directed against order dated 01.08.2006, whereby, the application filed by the appellant-defendant under Order IX, Rule 13 read with Section 151 CPC has been dismissed as barred by limitation.
(3.) The facts in brief are that the respondent-plaintiff filed a suit for recovery against the appellant for a sum of Rs.1,44,425/-. On being served, the appellant put in his appearance through counsel and a written statement was filed.;