SMT. HEMLATA SINGH W/O SHRI SURENDRA SINGH AND ANR. Vs. CIVIL JUDGE (SENIOR DIVISION) PITHORAGARH AND THREE ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of this writ petition, the Petitioners have sought a writ in the nature of certiorari quashing the order dated 31 -7 -2000 and the order dated 1 -11 -2002 passed by the Respondent No. 1 -Civil Judge (Junior Division) Pithoragarh and Respondent No. 2 -Civil Judge (Senior Division) Pithoragarh. By the order dated 31 -7 -2000, the suit of the Respondent No. 4 was decreed. By the order dated 1 -11 -2002, the application for condonation of delay (paper No. 6 -C) moved by the Petitioners under Section 5 of the Limitation Act was dismissed by the appellate court and the appeal was dismissed summarily as barred by limitation.

(3.) LEARNED Counsel appearing for the Petitioners has submitted that the order passed on the application under Section 5 of the Limitation Act is not an order, which would amount to a decree contemplated under Section 2(2) of the Code of Civil Procedure and such an order is revisable and that a writ petition is maintainable.