Balakrishna Menon, J. - (for himself and Shamsuddin. J.)

This second appeal by the plaintiff is against the dismissal of his appeal by the lower appellate court consequent on the dismissal of I. A. No. 758/1980 under S.5 of the Limitation Act. 1963 for condonation of the delay of 3 days in filing the appeal. It censes up before a Full Bench on reference made by Varghese Kalliath J. for the reason that M.P. Menon J. bad is C.R.P. No. 318 of 1983 (the decision later reported in 1987 (1) KLT 543) declined to follow the decision of a Division Bench of this Court in Chandrika Amma V. Mohammed (1984 KLT 677) in preference to as earlier decision of a Division Bench in Chakkuvarkey v. Devassy Kathanar (AIR 1962 Ker.104). M.P. Menon J. had also dissented from the view expressed by Viswanatha Iyer J. in Kunhiraman v. Rossy (1979 KLT 718). Kalliath J. in a very illuminating order of reference has dealt with the points of view expressed in the two Division Bench rulings of this Court referred to above and has also expressed his Lordship's view agreeing with the principle laid do»n is Kunhiraman v. Rossy (1979 K. L. T. 718). Kalliath J. in his order of reference states:

"I feel that w