( 1 ) A learned single Judge of this Court has referred the following question of law for opinion of this Bench :"whether the present appeal, as a second appeal lies to the High Court or not, in the particular circumstances of the case as set out in paras 6 and 7 above. "

( 2 ) IN view of the terms of reference, it has become necessary for us to quote also paras 6 and 7 of the order of reference :"6. Now, in the present appeal the facts are: the learned appellate Judge dismissed the appellants' application, purporting to be under O. 41, R. 3a, C. P. Code read with Sec. 5 of the Limitation Act and then made the following observations in the ordersheet :- "since the appeal by the order of I. A. No. 2, has been held to have been filed after prescribed period of limitation, the same is also dismissed automatically. 7. No decree was ordered to be drawn up and when the appellant made an application for drawing up of a decree the Court rejected the application after observing that there was no necessity for framing a decree. "

( 3 ) WHAT is also stated in the order makes it clear that the learned single Judge had made the reference for the reason expressed precisely in para