SRI D TARINI PATRO Vs. M JAGANNATH RAO

JUDGEMENT

(1.) This petition challenges the order dated 17.04.2017 passed by the learned District Judge, Ganjam, Berhampur in CMA No.41 of 2016 arising out of RFA No.99 of 2016, whereby and whereunder the learned appellate court dismissed the application under Section 5 of the Limitation Act for condonation of delay.

(2.) Opposite parties, as plaintiffs filed C.S. No. 89 of 2014 in the court of the learned Civil Judge (Junior Division), Berhampur impleading the petitioners as defendants. The suit was decreed. Assailing the judgment and decree of the learned trial court, the defendants-petitioners, filed R.F.A. No.99 of 2016 in the court of learned District Judge, Ganjam, Berhampur. Since there was delay in filing the appeal, an application under Section 5 of the Limitation Act was filed. By order dated 17.04.2017, learned District Judge, Ganjam, Berhampur rejected the application for condonation of delay.

(3.) The sole question that hinges for consideration of this Court is as to whether the order dated 17.04.2017 is a decree ?