Hon’ble Attau Rahman Masoodi, J.—A suit for cancellation of sale-deed was filed by the appellants bearing civil suit No. 209 of 1996 which was dismissed by the trial Court vide judgement/order dated 31.3.2004 and against which first appeal registered as civil appeal No. 24 of 2004 was filed and the same was dismissed in default by order dated 26.7.2008. The application for recall of the said order was belatedly filed by the appellants on 24.11.2010 before the first appellate Court which was accompanied with an application under Section 5 of the Indian Limitation Act, 1963. The application under Section 5 was registered as misc. case No. 61 of 2010.

2. The present first appeal from order has been filed against the order passed by the first appellate Court whereby the application filed under Section 5 of the Indian Limitation Act, 1963 was rejected on 17.10.2011 as well as the order dated 26.7.2008 dismissing the first appeal in default.

3. Sri Anoop Srivastava-II, learned Counsel for the respondent has raised a preliminary objection against the maintainability of present first appeal from order on the ground that such an appeal is not conceived within the purview of Order XL