1976 (8) TMI 176

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....r Bench by a Division Bench consisting of Mr. Justice A, C. Gupta and Mr. Justice S. C. Deb for a decision on the following question: Is an order rejecting the memorandum of appeal following the rejection of application under Section 5 of the Limitation Act for condonation of the delay in filing the appeal a decree ? 2. In the instant case, the proposed appeal to the first appellate Court, n....

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....(1913) 17 Cal WN 807 a Division Bench of this Court held that an order by an appellate Court rejecting an appeal before it has been admitted, on the ground that it was presented out of time, is a decree within the meaning of the definition of Sub-section (2) of Section 2 of the Code of Civil Procedure. 5. A contrary view was taken by another Division Bench. In Jnanadasundari Shaha v. Madhabchan....

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....andum of appeal, until the application under Section 5 is allowed the appeal cannot be filed or admitted at all. In other words, till a favourable order is made on the application under Section 5 the appeal is non est. In that event, the question of rejecting a memorandum of appeal does not arise at all at this stage. 8. If the application under Section 5 be rejected the order rejecting the app....