Balaji Rau vs Sithabhoy and Others

The appellant''s remedy u/s 560 of the CPC being barred by limitation through no fault of his own, we think we have the power to afford him an alternative remedy in second appeal under Clause (c), Section 584, so that we shall call upon the Lower Appellate Court to take evidence and find whether the appellant was or was not duly served with notice of the appeal. The report with the notice and return in original and the evidence are to be submitted as early as possible.