1. This order shall decide an application tiled by the appellant under Order 41, Rule 3(A) r/w section 151 CPC and section 5 of the Limitation Act alongwith the appeal memo against the judgment and preliminary decree vide dated 3.5.2000 passed by District Judge, Bhopal, in Civil Original Suit No. 57-A/99.

2. The material facts for disposal of this application are that the respondents No.1 to 5 being plaintiffs had filed a suit against appellant for declaration, possession and perpetual injunction in respect of landed property situated at village Chuna Bhatti, Bhopal. The same was decreed by the trial Court vide aforesaid judgment, in pursuance of it preliminary decree was also drawn up. It is not in dispute that appeal against the same was not preferred within prescribed limitation while it is preferred at belated stage alongwith IA No. 4282/02, the application for condonation of delay.

3. According to its contention, on passing of the aforesaid decree appellant approached her counsel for filing the appeal, he then advised no appeal is provided under the law against such decree so appeal was not preferred within time. But at subsequent stage, on consulting Senior Advocate Shri S