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Rejection of condonation of delay is also rejection of the appeal

In Jitendra Naik v. Radhyashyam Naik, the question before the Orissa High Court is that an order rejecting a memorandum of appeal or dismissing an appeal following rejection of an application under Sec.5 of the Limitation Act for condonation of delay in preferring the appeal is a decree or order ?

The court referring to the judgment of the Supreme Court in Shyam Sundar Sarma vs Pannalal Jaiswal And Others, an appeal filed along with an application for condonation of delay in filing that appeal when dismissed on refusal to condone the delay is a decree within the meaning of Section 2(2) of the Code of Civil Procedure.

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