G. K. MISRA, J.

( 1 ) PLAINTIFF's suit for partition was decreed on 26-9-62 by the Munsif of Angul. Defendants appellants filed Title Appeal No. 8 of 1962 in the Court of the subordinate Judge, Dhenkanal, on 29-11-62. The learned Subordinate Judge held that the appeal was barred by limitation by three days. He rejected the application under Section 5 of the Limitation Act (hereinafter referred to as the Act) for condoning the delay. Ultimately the appeal was dismissed as being barred by limitation. Against the appellate decree, the second appeal and the Civil Revision have been filed. It has been held in Civil Revision No. 34 of 1963 that a Civil Revision is not maintainable against the order dismissing the appeal as being barred by limitation as it amounts to a decree. In that view of the matter, Civil Revision No. 251/63 is dismissed as not maintainable.

( 2 ) THE first question for consideration is whether there was delay in filing the appeal before the Subordinate Judge. To appreciate the contention, certain dates in chronological order may be noted-29-9-62 trial Court judgment was delivered. 17-10-62 an application was filed by the appellants for copies of the judgment and d