IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1350 of 2008 SANJAY PANDEY Versus MANJU DEVI ----------- 2 23/9/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order dismissing miscellaneous case on the ground of limitation cannot be sustained, in as much as, even if cause of action for filing restoration application for restoring matrimonial Case No. 131 of 2007 accrued on 19.4.2008, the date on which the suit get dismissed for default, even if that date is taken into account then the date of filing of such application being 19.5.2008 has to be excluded in terms of section 12 of the Limitation Act. That being so, this Court would find that the impugned order dealing filing of miscellaneous case to be beyond the period of limitation is apparently erroneous. In that view of the matter, the impugned order is set aside and the court below is directed to reconsider the matter in accordance with. It would however be in the interest of justice that the Court 2 below instead of dwelling upon restoration petition, should take expeditious steps for disposal of matrimonial case on merits. With the aforementioned observations and directions this application is allowed to the extent indicated above. ( Mihir Kumar Jha, J. ) Abhay Kumar