JUDGMENT

Arun Bhansali, J. - This appeal is directed against judgment and decree dated 2.5.2016 passed by Additional District Judge, Srikaranpur, Sriganganagar, whereby, based on the compromise arrived at between the parties, the suit for partition filed by respondent No.1 has been decreed by the trial court.

2. The appeal is reported as barred by limitation by 371 days.

3. An application has been filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the appeal.

4. Submissions have been made that the compromise was arrived at between the parties and was presented during illness of Kamal Kishore husband / father of the appellants and that after the decree was passed on 2.5.2016, Kamal Kishore expired on 21.4.2017 and the appeal has been filed on 16.8.2017. It was submitted that on account of illness and eventual death of Kamal Kishore from the date of decree till filing of the appeal, the appellants could not file the appeal in time.

5. An additional affidavit was filed in support of the application, wherein, documents pertaining to kidney transplant in the year 2013 have been produced. However, apparently no document in support of the fact that Kamal K