Short Note : 1. The plaintiff-applicant instituted a suit. After due service on the State Government, this suit was decreed exparte on 2-8-73. The number of this suit is 357-A of 1972. 2. The State Government submitted an application under Order 47 CPC purporting to be an application for review with a prayer for setting aside exparte decree. On this application, a stamp of Rs. 2 is put. The Court fee paid on the suit was Rs. 30. This application was opposed by the plaintiff on the ground that the application for setting aside exparte decree has become time-barred in absence of application having been filed within 40 days of the date of the decree. Admittedly no application under section 5 of the India Limitation Act, 1963 has been submitted on behalf of the State Government. By the impugned order the Court has set aside the decree, purporting to act under Order 9, rule 13 CPC. Held : The limitation prescribed for review as well as for an application under Order 9, rule 13 CPC for setting aside decree is identical viz., 30 days. In this case, the defendant State was duly served and was represented by counsel. Therefore, the starting point of limitation is the date of a decree i.e. 2-8-73. Composite application for review with a relief to set aside the decree is made on 30-10-73. In absence of requisite Court fee, the application could not be treated, and has rightly not been treated, as an application for review by the trial Court. So far as its being treated as an application under Order 9, rule 13 CPC is concerned, the law of limitation is a bar to its consideration on merits. It has been filed after 27 days after expiry of the limitation prescribed for moving of such applications. There is no application under 5 of the Indian Limitation Act. There are also no facts on record entitling the State Government to the benefit of section 5 of the Limitation Act. 3. Accordingly, the impugned order is wholly arbitrary and has been passed illegally and with material irregularity in exercise of the jurisdiction. Revision allowed.