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Judgment
V.K. Jhanji, J.—Counsel for the applicant contends that applicant- petitioner did not file any appeal because no decree was drawn and in this regard, petitioner had filed an application but vide order dated 22.9.1999 the said application has been dismissed by saying that since there was no conclusive determination or the rights of the parties and no matter of controversy was settled by the Court, no decree is required to be drawn. It is contended that because order dated 22.9.1999, decree was not drawn and, therefore, no appeal could be preferred. This contention is without any merit because under Rule 6-A of Order XX, CPC an appeal can be preferred against the decree without filing copy of the decree and in such a case, last para of the judgment would be treated as decree. Accordingly, applicant, if so advised, may file an appeal without copy of the decre-sheet. In case limitation to file appeal has already expired, applicant shall be at liberty to file an application under Sections 5 and 14 of the Limitation Act and in that event, the Court shall consider the appeal as well as application under Sections 5 and 14 of the Limitation Act, on merits.
As far as this application is concerned, no case made out for recalling order dated 19.9.2000. The same is dismissed.
Application dismissed.