(1.) There is a delay of 10 days in filing this appeal. Condonation whereof is being sought vide I.A. No. 5113/08. Though opposed at, however taking into consideration the reason which find mention in paragraphs 2 &3 of the application, we are satisfied that the sufficient ground is made which prevented the appellant from filing the appeal within a period of limitation.
(2.) Consequently, delay is condoned. I.A. No. 5113/08 stands disposed of.
(3.) With the consent of learned counsel for the parties, the matter is finally heard.