Code of Civil Procedure, 1908–Order 41, Rule 3A–Limitation Act, 1963–Sec. 5–Whenever a time barred appeal is preferred, an application u/s. 5 is required to be filed alongwith such time barred appeal and if no such separate application is submitted then the reasons of delay are required to be discussed in memo of appeal–Unless and until, the delay in filing an appeal is condoned, the appeal cannot be decided on meirts–RAA entertained the appeal after the forty four years of the decree, passed by the SDM and no application u/s. 5 of the Limitaion Act was filed–No reasons have been assigned in the impugned judgment for entertaining the appeal–Impugned orders passed by RAA & BOR are not sustainable–Quashed and set aside and RAA is directed to first decide the application u/s. 5 of limitation Act.
