(1.) THE office has raised an objection that the appellant has challenged the order passed on an application filed under Section. 5 of the Limitation Act, 1963 before the trial Court, seeking condonation of delay in filing an application to bring the Legal representatives of the deceased applicant on record before the trial Court and for setting aside the abatement.
(2.) SINCE the applications was filed under Section. 5 of the Limitation Act, 1963 which was rejected in the first instance and since the other applications were not considered on merits and were rejected as a consequence, the office has raised an objection that the appellant would have to file a revision petition, if at all, and he could not have filed the present appeal.
(3.) THIS Court while dealing with an identical situation in a case reported in Sharanappa v. Hafeezuddin Ansari and Ors. , 1982 (2) KLJ 29 His Lordship Justice Swami as he then was, has held thus at paras 6 and 7 :