1. This is an application by the appellant under S.5 of the Limitation Act, 1963 to condone the delay of not filing the appeal within the prescribed period and to admit the same as there is sufficient ground for not preferring it within the time.

2. The appellant is the first defendant in a suit which was filed for recovery of money due under a simple mortgage. The first defendant contended, among other things, that the mortgage was executed for amounts that would be found due to the plaintiff on account of forward contracts in coconut oil carried on between the parties, that the said transactions were illegal, that the plaintiff was not, therefore, entitled to recover any amount under the mortgage, that these transactions continued between the parties after the execution of the mortgage, and that the first defendant was in any event entitled to get credit for the amounts due to him on account of subsequent transactions. In his evidence, he stated that he had paid to the plaintiff is the account of his father Rs. 5,651/- from 20 31952 till 16 31956, and Rs. 21,381.5.7 in his own account from 23 41952 till 29 61957, that all these payments are seen in the plaintiff's book