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Judgment
P.Somarajan, J
This appeal is against the order of dismissal of an application under Rule 97 of Order XXI C.P.C. for non-prosecution under Rule 105 (2) of Order XXI C.P.C., without adjudicating the issue under Rule 97 of that Order. Though an appeal is maintainable against the adjudication under Rule 97 of that Order (Ghan Shyam Das Gupta and Another v. Anant Kumar Sinha and Others - AIR 1991 SC 2251), no appeal can be preferred against the order of dismissal for non-prosecution which would come under the purview of Rule 105(2) of Order XXI C.P.C. The remedy is under Rule 106 of Order XXI C.P.C. As such, the appeal will stand rejected so as to enable the party to exhaust the proper remedy under Rule 106 of Order XXI C.P.C. and the time taken for prosecuting this appeal i.e. from 27/12/2021 till 08/04/2022 will stand excluded under Section 14 of the Limitation Act and the appellant will be at liberty to maintain an application in that behalf within that day or on the re-opening date of the court after summer recess.
The appeal will stand rejected accordingly.
The Registry shall communicate this judgment forthwith to the Principal Munsiff Court-II, Kozhikode.