HEMALATA DEVI Vs. COLLECTOR, GANJAM & OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 17.5.2017 passed by the learned District Judge, Ganjam, Berhampur in CMA No.20 of 2016 whereby and whereunder learned appellate court rejected the application for condonation of delay in filing RFA No.39 of 2016 and consequently dismissed the appeal.

(2.) The petitioner as plaintiff instituted C.S No.93 of 2009 in the court of the learned Civil Judge (Junior Division), Berhampur. The suit was dismissed. Assailing the judgment and decree, she filed RFA No.39 of 2016 in the court of the learned District Judge, Ganjam, Berhampur. Since there was a delay in filing the appeal, she filed an application under Section 5 of the Limitation Act for condonation of delay. Learned appellate court rejected the application for condonation of delay and consequently dismissed the appeal.

(3.) The question does arise as to whether order dated 17.5.2017 is a decree?