P.K.GOSWAMI, J.

(1) THIS appeal by special leave is directed against the judgment and order of the Delhi High court dated 28/03/1977, in a regular first appeal. The High court dismissed the appeal as time-barred and also retused to condone the delay under S. 5 of the Limitation Act, 1963.

(2) THE defendant is the appellant before us. The plaintiff-respondent filed a suit for rendition of accounts in the court of the Commerical Sub-Judge, Delhi and he decreed the suit by his judgment dated 27/03/1976, in the following words:

I grant the plaintiff a final degree in the sum of Rs. 42,259-75 against the defendants with costs. The plaintiff is directed to make up deficiency in courtfee within one month.

It appears that the suit was filed with a court-fee of Rs.20.00 only. The plaintiff after obtaining, from the court, an extension of time supplied the deficient court-fees on 6/05/1976, on which date the decree was prepared and signed.

(3) ON 14/04/1976, the appellant, who stays in Ahmedabad, requested Shri bharatinder Singh, his Advocate in Delhi, in the trial court, to take necessary steps to file an appeal in the High court and the said Advocate