Munishwar Nath Bhandari, J. - (1.) Heard on the application under Section 5 of the Limitation Act.
(2.) There is a delay of 108 days in filing appeal.
(3.) The application would be considered after considering merit of the appeal in view of the judgments of the Apex Court in the case of State of Haryana v. Chandramani, (1996) 3 SCC 132 and N.Balakrishnan v. M.Krishnamurthy, AIR 1998 SC 3222. The judgments aforesaid rule the issue for consideration of application for condonation of delay. It is held that appeal should not be dismissed if the case has merit and otherwise delay is not such, which may defeat merit of the case thus consideration on the ;