- (1.) The applicant filed a suit being Suit No. 1309 of 1994 for cancellation of an agreement to sale which was decreed by judgment and order dated 23 January 2010. Aggrieved the applicant preferred a time barred appeal.
(2.) The delay condonation application under Section 5 of the Limitation Act which was registered as Misc. Case being Misc. Case No. 530 of 2011. The Lower Appellate Court rejected the Section 5 application by the impugned order dated 20 May 2013. Aggrieved, the applicant has approached this Court assailing the order passed by the appellate court/Additional District Judge, Court No. 5, Agra under Article 227 of the Constitution.
(3.) The question for determination is whether the appeal would stand dismissed upon dismissal of an application filed under Section 5 of the Limitation Act for condonation of delay.;