JUDGMENT :

Biswanath Rath, J.

This is a Civil Revision Petition under Section 115 of the Code of Civil Procedure assailing the order dated 8.2.2018 (Annexure-4) passed by the District Judge, Puri thereby allowing an application under Section 5 of the Limitation Act involving R.F.A. No.31 of 2016 entertaining an Appeal filed after almost one and half decade.

2. Short background involving the case is that parties involved herein entered into a suit for declaration of the gift deed executed by Chandra Sekhar Samantasinghar, defendant no.2 in favour of the Alarnath Dhanda Mulaka Mahavidyalaya, defendant no.1 on 4.1.1978 as void and illegal and also for declaration that the suit land is the joint family property of the plaintiffs and defendant no.2 with award of cost. The suit was registered as Title Suit No.159 of 1989. Brief fact further discloses that even in spite of sufficiency of notice, though the contesting defendant no.1, Secretary-cum-Principal of the College appeared through a Counsel but however, chose not to file written statement and thus the suit was set ex parte on 17.8.1992. Whereafter defendant no.1 filed a Misc. Case under Order 9 Rule 13 of C.P.C. to set aside the ex pa