Prakash Gupta, J.

This second appeal is directed against the judgment and decree dated 26.08.2010 passed by Additional District & Sessions Judge, Jhunjhunu whereby the appeal filed by the appellants was dismissed on the ground of limitation.

2. It is submitted by Shri Harendra Singh that the appellate court while passing the impugned judgment has not properly considered the explanation submitted by the appellants in the application under Section 5 of the Limitation Act regarding the delay in filing the appeal. It is also submitted that the delay in filing appeal was only 2 days.

3. On the other hand, learned counsel for the respondents Shri S K Singodiya submitted that he has no objection if the appeal is allowed and matter is remitted back to the appellate court for afresh decision on the merits of the case.

4. Having regard to the submission made by the learned counsel for the parties, this second appeal is admitted on the following substantial questions of law raised in the appeal:-

"(i) Whether the order passed by the learned appellate court in rejecting the appeal of the appellants defendants on the ground of delay only, is correct?

5. With the consent of both the learned