1. DISPUTED question as to whether the instant appeal under clause 15 of the letters Patent is barred by limitation or not has been referred to us by the learned Additional Register for decision.

2. THE plaintiffs in a suit for eviction are the appellants and they have preferred the instant appeal against the judgment and decree dated April 27, 1973, passed by our learned brother S. K. Datta, J. in S. A. 847)65. The present appellants were also the appellants in the above second appeal and their appeal being allowed, the matter was sent on remand by our learned brother S. K. Datta, J. and feeling aggrieved by the said order of remand, the appellants have filed the instant appeal under clause 15 of the Letters Patent. Though our learned brother delivered is judgment on April 27, 1973 no steps fur filing the present appeal were taken by the appellants until November 23, 1973 where they filed an application for leave under clause 15 of the Letters patent on condonation of the delay before our learned brother S. K. Datta, J. On that application a Rule was issued calling upon the respondents to show cause why the delay in filing the application hourly not be condoned and on suc