JUDGMENT :- This is an appeal under Section 384 of the Indian Succession Act, against the order of the District Judge, Manipur, dated 10-1-1958 directing the issue of Succession Certificate to the respondent. The appeal was filed on 26-6-1960 and the appellant has stated in the appeal memorandum that he came to know of the order of the District Judge in the last week of May, 1960. But he has not mentioned the actual date in May when he came to know of it and he wants the delay to be condoned under Sec. 5 of the Limitation Act.

In order to condone the delay under Sec. 5, the appellant must satisfy the Court as to the exact date when he came to know of the order of the District Judge, dated 10-1-1958 and he must I further explain the reason for the delay of every day after he came to know of it. That he has not done in the present case, as he has failed to mention the exact date when he came to know of the order. This appeal memo and the application to excuse the delay were filed only on 6-6-1960. The appellant has made no attempt to explain the delay for the period between the date of his coming to know of the order and the date of filing of the appeal. On that ground alone, this app

Click Here to Read the rest of this document