SETH NAURATANMAL Vs. HARISINGH

JUDGEMENT

(1.) THIS is an application by Nauratan Mal, Vallabh Das and another under section 5 of the Limitation Act, praying that the delay in the filing of the appeal be condoned. The decree against which the appeal is filed was made on the 17th of March, 1949. The application for copy was made on the 14th of April, 1949, and copy was ready on the 23rd of April, 1949, and was taken away on the same day. The appeal was filed on the 4th of July, 1949. It was within time upto the 25th of June, 1949, and was thus filed 9 days beyond time.

(2.) THE applicants filed an affidavit in support of their application, in which they showed the following grounds for the delay: - (1) Nauratan Mal had been ill from before the 19th of May, 1949, and remained in hospital from the 19th of May, 1949, to the 23rd of June, 1549, and was bedridden. (2) THE father of the counsel, who was appearing in the trial court, died about the 19th of May, 1949, and the counsel himself fell ill on the 25th of May, 1949. (3) As soon as Nauratan Mal came out of the hospital, he instructed his son Vallabh Das, who is also an appellant, to file the appeal. Vallabh Das went to Udaipur on the 29th of June, 1949, but there was curfew in Udaipur on the 30th of June, and 1st and, 2nd July. 3rd of July was a Sunday, and, therefore, the appeal was filed on the 4th of July, 1949.