MANMOHAN SARIN, J.

( 1 ) APPELLANT Shri Love Kumar Sethi has preferred this appeal against the judgment dated 1st March, 2005 passed by the Addl. District Judge, dismissing his suit No. 80/2002 filed by the appellant recovery of Rs. 4,64,400/- (Four Lac sixty four thousand four hundred only ). Parties were left to bear their own costs. The present appeal was preferred on 7th October, 2005. After counting time taken in obtaining certified copy, there is a delay of nearly 146 days in institution of the appeal. Appellant has accordingly moved CM 15787/2005 being an application under Section 5 of the limitation Act for condonation of delay in filing of the appeal. Reply to the said application has been filed. We shall advert later to this aspect.

( 2 ) THE facts in brief culminating in filing of the present appeal may be noted :-

(i) Appellant Love Kumar Sethi filed a suit under Order XXXVII cpc for recovery of Rs. 4,64,400/- together with pendente lite and future interest. Appellant claims to have deposited with the respondents a sum of Rs. 15,000/- per month commencing from 7th February, 2000 till 7th January, 2002 resulting in total deposit of Rs. 3,60,000/ -. The suit amount of R