- (1.) Learned counsel for the appellant submits that he is not in a position to file the additional affidavit because the officer in-charge has not turned down. He prays for further time to file additional affidavit. Since no cogent reason for filing the additional affidavit has been shown, the prayer for further time is rejected.
(2.) Heard the learned counsel for the parties regarding the application filed by the learned counsel for the appellant under Section 5 of the Limitation Act.
(3.) In the present case, the appeal was filed after 83 days beyond the period prescribed for filing the appeal. The appellant has moved an application under Section 5 of the Limitation Act for condonation of delay and prayed that the delay in filing the appeal may be condoned. The application is contested by the respondents, who have filed reply to the application filed by the appellant.;