IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13156 of 2011 Bibi Sayida Khatoon & Ors Versus Damodar Mahto & Ors ----------- 07. 27.09.2011 The learned senior counsel, Mr. Raghib Ahsan appearing on behalf of the petitioners submitted that in 1996(1) P.L.J.R. 494 (Ravneshwar Thakur vs. Neeraj Kumar Thakur and others), a Division Bench of this Court has held that if the trial court judgment is on merit and the memorandum of appeal has been dismissed as time barred after rejecting the application under Section 5 of the Limitation Act, it will amount to a decree and, therefore, against this impugned order challenged in this writ application is appealable under Section 100 of the Code of Civil Procedure. On the basis of this Division bench decision, the learned senior counsel seeks permission to convert this writ application to Second Appeal. Without going to the merit of the submission of the learned counsel, permission is accorded. The petitioner is permitted to convert this writ application to Second Appeal under Section 100 of the Code of Civil Procedure within 25th of October, 2011. Saurabh ( Mungeshwar Sahoo, J.)