1. The respondent filed the suit, out of which this appeal arises, for realisation of a sum of Rs. 4996.00 with interest at six percentum per annum on the basis of certain commercial transactions, which was allowed in part. Accordingly a decree for Rs. 4980.00 with interest was passed. The defendant appellant filed an appeal before this Court on 2-8-71. The stamp reporter made a note that in view of the low valuation of the suit, the appeal was not maintainable before the High Court. The appellant withdrew the appeal on 18-8-71 and filed the same two days later before the District Judge, Munger, with an application for condonation of delay. The appeal was admitted ex parte without notice to the respondent. When the respondent appeared he raised the question of limitation. By the impugned judgment the lower appellate Court held that the delay was not fit to be condoned. The appeal was accordingly dismissed. The appellant has now come to this Court in second appeal.

2. From the memorandum of appeal, which was filed in this Court in the first instance and later before the District Judge, it is clear that the appellant had correctly mentioned the valuation of the suit on the fi