H.G. Pereira vs East Indian Railway

This is an application for leave to appeal to His Majesty in Council; and the only question which we have to decide is whether the order complained of is a final order within the meaning of Section 109 of the Civil Procedure Code. The order to which objection is taken in substance extended the time for presenting an appeal to this Court u/s 5 of the Limitation Act. A final order within the meaning of the section is an order which finally decides any matter which is directly at issue in the case in respect to the rights of the parties. We quite agree that if we had refused the application made to us u/s 5 of the Limitation Act, that refusal would have operated as a dismissal of the appeal, and, subject to the other provision of the section, the order would be appealable, not indeed as a final order but as "a decree passed on appeal." But where time is allowed under statutory sanction, and the appeal is admitted, the case obviously stands on a different footing.. We have not decided, finally or otherwise, any of the matters in controversy between the parties in the litigation. All that we have done is to remove the bar under the Limitation Act, thereby enabling this Court to take cognizance of the appeal and to decide the rights of the parties. We must accordingly refuse application with costs. Hearing fee five gold mohurs.