- (1.) APPEAL is barred by 23 days. Application under Section 5 of the Limitation Act has not been filed along with the appeal. We have two options. First option is to dismiss the appeal being barred by limitation and second option is to return the appeal, so the appellants may file fresh appeal along with application under Section 5 of the Limitation Act. We opt second option. Registry is directed to return the appeal to learned counsel for the appellants. This appeal as well as stay application, both, be treated as disposed off.;