(1.) THIS application is made by the respondent in the above appeal for an order, inter alia, that the appeal herein be dismissed as being barred by limitation, There is an alternative prayer to the effect that the order granting leave to file the memorandum of appeal without the certified copy of the decree be cancelled or recalled or withdrawn and the leave granted be revoked and/or set aside and the appeal be dismissed on the ground of non -compliance by the appellant with the undertakings given at the time of the admission of the appeal.
(2.) IT is not necessary to go into the details of the facts except to mention thatthe hearing of the suit lasted for more than 32 days and, thereafter, the suit was dismissed with costs on or about April 11, 1974. On the very same date the plaintiff appellant gave requisitions for drawing up of the decree and for a certified copy thereof. The plaintiff appellant was granted leave to file the memorandum of appeal on or about August 2, 1974 without the certified copy of the said decree on the undertakings given to court:
(3.) IN compliance with the said third undertaking as enumerated above the appellant prepared and included a list of all dates relevant to the question of limitation in the paper book at page 2243 as follows :