JUDGMENT :

1. The appellant as the plaintiff had filed Civil Suit No. 06 of 2003 before the Civil Judge (Jr. Division), Bhanjanagar for declaration of a sale-deed of the year 1967 as void and for permanent injunction as well as possession. The suit having been dismissed, he had filed an appeal under section 96 of the Code of Civil Procedure. The appeal had not been presented within the prescribed period of limitation; there was a delay of 151 days. So, the plaintiff-appellant along with the memorandum of appeal had filed a petition under order 41 rule 3A of the Code read with section 5 of the Limitation Act for condonation of delay. The learned first appellate court after hearing by refusing to condone the delay has rejected the petition which has finally led to the dismissal of the appeal on the ground of delay in filing the same.

2. The second appeal has been admitted on the following substantial question of law:-

“Whether the order passed by the lower appellate court in refusing to condone the delay in filing of appeal and dismissing the same without going to decide the appeal on merit, suffers from the vice of perversity since it has been so done being oblivious of the settled pos