Limitation from date of communication governed an appeal dismissed as time-barred, leading to remand for fresh consideration.

An appeal dismissed as time-barred was challenged on the ground that the ex parte order had been communicated only later, so limitation should run from the date of communication. The High Court found the impugned order prima facie contrary to the cited precedent on computation of limitation from the date of communication, and the ex parte order was set aside with the matter remitted to the appellate authority for fresh decision in accordance with law.

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Issues: Whether the appeal order dismissing the petitioner's appeal as time-barred was sustainable where the ex parte order was stated to have been communicated only later.

Analysis: The petitioner challenged the appellate order on the ground that the appeal authority had treated the appeal as barred by limitation despite the ex parte order having been communicated subsequently. The Court found, prima facie, that the impugned order appeared to run contrary to the law laid down in the cited precedent on computation of limitation from the date of communication.

Conclusion: The ex parte order was set aside and the matter was remitted to the appellate authority to pass fresh orders in accordance with law.

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