B.M.LAL, J. - (1.) First Appeal No. 676 of 1991 (State of U.P. v. Jagdish Prasad) and First Appeal No. 954 of 1990 Krishi Utpadan. Mandi Samiti v. Ganga Ram though heard on different dates but since in both the appeals similar question relating to S. 5 of the Limitation Act (hereinafter referred to as the Act) is involved, these two appeals are being disposed of by this common judgment. FIRST APPEAL NO. 954/ 1990 Krishi Utpadan Mandi Samiti v. Ganga Ram and others.
(2.) The point in issue involved is whether this appeal is to be treated within the period of limitation, and if not whether appellant has furnished explanation within the meaning of sufficient cause and good cause so as to exercise discretion in his favour in condoning the delay under S. 5 of the Act ?
(3.) Before dealing with the rival submissions made by learned counsel for the respective parties, certain material facts and dates are necessary to be stated.;