2 The first respondent filed O.S.291 of 1996 against the Kaliyammanada Kshethra Bharana Samithy, represented by its President, Secretary and also against his own brother. A compromise decree was passed in the suit on 18.7.1997. The respondents 1 to 4 filed I. A.257 of 2004 under S.96(1) of the Code of Civil Procedure seeking leave to file appeal and I.A.258 of 2004 under S.5 of the Limitation Act for condoning the delay of 2417 days in filing the appeal. The learned District Judge heard both these applications together and allowed by a common order. The plaintiff first respondent in the unnumbered appeal has filed this petition under Art.227 of the Constitution of India challenging the orders passed by the learned District Judge granting leave as well as condoning the delay.

3 The learned counsel appearing for the petitioner has strenuously argued before me that while dealing with the Special Leave Application the lower appellate Court has virtually allowed the appeal itself. It is argued that the Court below allowed both the applications holding that the decree passed in the suit is a void one. It is contended that the suit was one filed in a representative capacity with due public