D.L.Mehta, J. - (1.) Heard learned Counsel for the parties.
(2.) Learned Counsel for the appellant submitted today an application under section 5 of the Limitation Act, for condoning the delay, in the instant case, the award was passed by the Tribunal, on 6th April, 1990, and the appellant preferred appeal against the said award on 3-8-1990. Ordinarily, under Order 41, Rule 3-A, C. P. C. it is the duty of the appellant to submit an application for condonation of delay alongwith the memo of appeal. It was submitted that this rule is mandatory in nature as the words used therein are : "It shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relied. I will not like to decide this point where the word 'shall' may be interpreted as 'May' or whether it may be treated as mandatory in nature.
(3.) The appeal was filed on 3rd August, 1990, and this application has been filed today by the learned Counsel for the appellant on the ground that it was lying in his file.;