NARASIMHAM, C. J.

( 1 ) THIS is a revision against the order of the District Judge of Koraput dated 10-10-1962 rejecting a petition under Section 5 of the Limitation Act for condoning the delay in filing title appeal No. 6 of 1962 before him, against the judgment of the Munsif of Jeypore and (as a necessary consequence to that order) rejecting the memorandum of appeal as filed beyond time. The maintainability of this revision petition was challenged on the ground that the order of the District Judge was a "decree" as defined in Section 2 (2) of the Civil Procedure Code and that, consequently the aggrieved party had the right to file a 2nd appeal, and that no revision lay. This question involves the examination of the correctness of the decision of a Single Judge of this Court reported in Achyuta Dhangada Majhi v. Sibram Dhangadamajhi, ILR (1962) Cut 818 and hence this revision was referred to a Division Bench.

( 2 ) THE petitioner was the plaintiff before the Munsif of Jeypore in T. S. No. 6/60. His suit was dismissed on merits by the learned Munsif on 5-12-61. He filed an appeal before the Dt. Judge on 6-2-62 on which date the appeal was time barred by five days. Along with the