D. P. MOHAPATRA, J.

( 1 ) THE principal question involved in these applications under S. 115, Civil P. C. is whether the District Judge, Puri committed an error of jurisdiction in entertaining Misc. Appeal No. 109 of 1980 filed before him, admittedly after expiry of the period of limitation.

( 2 ) THE relevant facts giving rise to the present proceedings may be stated thus:- dijabar alias Dija Baral and Madhab Baral, the petitioners in C. R. 136 of 1981 filed O. S. No. 52 of 1977 (I) in the Court of the Subordinate Judge, Puri for declaration of title and recovery of possession of the suit properties, A 0. 99 decimals of land appertaining to Plot No. 59 under sthitiban Khata No. 27 in village Talabapa. During pendency of the suit the defendant No. 1, Bhabani died and opposite parties 1 to 5 were substituted in his place. None of the said opposite parties excepting opposite party No. 4, a minor who was represented by guardian appeared in the case. The other defendants were set ex parte. The suit was decreed by the trial Court by judgment dated 7-3-1979 and the decree was signed and sealed on 22-3-1979. Thereafter the defendants (opposite parties) filed an application under O. 9, R.