Court held that learned Additional District Judge is required to decide first the application under section 5 of Limitation Act , unless the application for condonation of delay filed along with it is decided in favour of the appellant , appeal cannot be decided on merit. Order of Additional District judge is set a side with the direction to decide the application filed under section 5 of the Limitation Act first before proceeding further in the pending first appeal .  Followed S.V.Matha Prasad v. Lalchand Meghraj  ( 2007 ) 14 SCC 772, AIR 2007 SC ( Supp )    (MP No. 3930 of 2019 dt .1 -3 2021 )