(1.) HEARD the learned counsel for the parties and perused the records.
(2.) THE aforesaid appeal arises out of the judgment and decree dated 29 -4 -1983 passed in Misc. Appeal No. 318 of 1981 Sri Dhirendra Pal Varshaney, VI Additional District Judge, Meerut arising out of judgment in O.S. No. 114 of 1978. By the impugned judgment the Court below has not condoned the delay under Section 5 of the Limitation Act in filing the civil appeal hence the second appeal.