JUDGMENT : Knox, J.:— The District Judge of Jaunpur had before him a memorandum of appeal presented to him not by the appellant in person but by a person holding a general power-of-attorney for the purpose. The objection was raised that the appellant was at the time when the appeal was filed, resident in the District of Jaunpur, and consequently no other, person but he himself or a certificated Mukhtar, such as is described in section 37 of the Code of Civil Procedure, could present the appeal on his behalf. 2. It was found that the appellant was absent from the District of Jaunpur on business, and that his absence continued from 23rd August, to 1st September. It was during his absence, viz., on the 27th August, that the appeal was presented. 3.The learned District Judge has construed the words in section 37 in the way in which it is generally understood in law, but in a sense which I never believe the Legislature intended the word to carry in this case. The word ‘resident’ must, in my opinion, be held here to signify a person who is not at that time present within the jurisdiction of the Judge. I prefer to follow the ruling of the Bombay High Court in Ramchandra Sakharam v. Keshar Durgaji : [1881] I.L.R. 6 Bom., 100, and to hold that the term “non-resident” may be allowed to cover every absence which may reasonably be supposed to be in the contemplation of the Legislature. Otherwise it will not be difficult to conceive of cases time-barred because the person who wished to appeal was absent on leave or other purposes for the space of one month or so, and it would be physically impossible for him to return within jurisdiction to file it within time. 4. I set aside the decree of the Lower Appellate Court upon this preliminary point and remand the case to the Lower Appellate Court with directions to re-admit the appeal under the original number in the register and proceed to determine on the merits. The objection was raised by the other party, and I, therefore, allow costs in this Court in any case, which in this Court will include fees on the higher scale.