TMI Blog1920 (2) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... is application was dismissed as barred by time by the learned District Judge, who did not refer to any provision of the law which he considered applicable. From the terms of his judgment, however, it is clear that he considered that an application should have been made within 30 days from the date when Mehraj Din had knowledge of the order; in other words, that the matter was governed by Article 164 of the Limitation Act. 2. Against this decision an appeal was preferred to this Court and heard by Shadi Lal, J., who decided that a payment order was not a decree and that Article 164 had, therefore, no application. He also considered that the application was not governed by the provisions of section 169 of the Indian Companies Act. He consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an order obtained ex parte or one which is in truth a nullity, may perhaps even now he discharged by the Court which made it. We have no difficulty in agreeing with the latter remark as far as Courts in India are concerned and also hold that section 169 has no application to petitions for the getting aside of ex parte decrees. This is plain from the terms of the section itself, as a person affected adversely by an ex parte order cannot in a majority of cases serve a notice of his appeal upon the respondent within three weeks after the order complained of had been made against him. Moreover it is clear that the propriety of setting aside an ex parte order, a function entrusted in all other cages to the Court which made it, cannot be determ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possible to agree with his arguments to some extent if it were not for the proviso (a) to Clause (2) of section 2 of the Civil Procedure Code. This proviso specifically excludes from the definition of a decree an adjudication from which an appeal lies as an appeal from an order. It is not denied before us that an appeal lies from a payment order passed under section 150. 6. Finally, Mr. Niranjan Parshad disputed the finding that Article 181 of the Limitation Act might possibly apply to such applications. He urges that this article has been held in many judgments to apply to applications only under the Civil Procedure Code. We are inclined to think that the article in question refers to all applications for the making of which the Civil P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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