JUDGMENT 1. - Defendant-appellant has preferred this second appeal against order dated 01.05.2008 passed by first appellate court, whereby an application, under Section 5 of the Limitation Act for condonation of delay in filing first appeal, has been dismissed and consequently, first appeal has also been dismissed being barred by limitation. 2. Learned counsel for the appellant, in view of judgment of Hon'ble Supreme court in Ratansingh v. Vijaysingh and Others, reported in AIR 2001 Supreme Court 279 , Full Bench decision of Karnataka High Court in the case of The Commissioner, Hubli-Dharwad Municipal Corporation v. Shrishail & Others, reported in AIR 2004 Karnataka 75 Full Bench and decision of this Court dated 22.02.2011 in S.B. Civil Second Appeal No. 472/2009 State of Rajasthan & Others v. Rajpal Singh Chauhan , wherein it has been held that order rejecting application under Section 5 of the Limitation Act is not a decree, therefore, second appeal against that order is not maintainable, seeks permission to withdraw this second appeal with liberty to file revision petition against order of first appellate court, which is impugned in this second appeal. 3. Prayer appears to be reasonable, therefore, the same is allowed. 4. Consequently, second appeal, application under Section 5 of the Limitation Act and stay application all are dismissed as withdrawn with liberty, as prayed for.Second Appeal Dismissed. *******