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Judgment
The District Judge has dismissed the application as barred by limitation. The appellant's case is that he never had any notice of the appeal. The
return on the notice is that it was tendered to the younger brother of the appellant. u/s 82 of the CPC it was the duty of the Court before
proceeding with the appeal to declare that the notice had been duly served. This the Court, as the record shows, did not do, and without such
declaration there is no sufficient service. If, in fact, the appellant had no notice of the appeal, Article 169 of Schedule II of the Limitation Act can
have no application. We, therefore, set aside the order of the District Judge and remand the case for disposal on the merits. Costs will abide and
follow the result.