1. - Heard learned counsel for the appellant on the application under Section 5 of the Limitation Act for condonation of delay of 137 days in filing second appeal as well as for admission of second appeal on merits.

2. The appellant has explained the delay in Para No. 1 and 2 of the application under Section 5 of the Limitation Act, which are reproduced as under:

"1- That the appellant has filed this second appeal before this Hon'ble Court wherein he is very much hopeful to get success. The judgment and decree dated 14.11.2008 passed by ADJ No. 4, Kota where upon the certified copy has been received by the appellant on 22.11.2008 and thereafter the sanction for filing the appeal has been obtained from the competent authorities wherein in official process, the time has been consumed. The delay is not willful and deliberate one but it was due to process of proceedings which deserves to be condoned by this Hon'ble Court.

2- That the delay is not deliberate or willful but beyond the control of the appellant and Hon'ble Supreme Court has held in catena of judgment that on technical grounds, the case of the litigant may not be thrown out and the court should take pragmatic approach