(1.) Heard.
(2.) The present second appeals are referred to larger bench as per Rule 8 and 9 of Chapter I of the Bombay High Court Appellate Side Rules, 1960, to decide the following question:- "Whether an order rejecting an application for condonation of delay in filing an appeal under Sec. 96 of CPC, is a decree within the meaning of Sec. 2(2) of CPC, making it appealable under Sec. 100 of CPC ?"
(3.) The brief facts giving rise to this reference can be summarized as under:-