JUDGMENT :- This is a defendants first appeal arising out of a suit for recovery of Rs.8,838/8/3 as price of potatoes, which was decreed by the Senior Subordinate Judge of Mahasu on 2-5-1951 for Rs.4,496/5/-. Under paragraph 31 of the Himachal Pradesh (Courts) Order, 1948, the appeal being from a decree of a Subordinate Judge in a suit of value exceeding Rs.5,000/-, it should have been filed in this Court. And the 90-day period of limitation for such an appeal under Article 156 of the Limitation Act, after allowing for the twenty-two days taken by the defendants-appellants in obtaining the necessary copies, expired on 22-8-1951. The present appeal was, however, filed two days too late, i.e., on 24-8-1951. The preliminary question for determination before me at this stage is whether the appeal should be dismissed as time-barred.

2. There is an application for condonation of delay on behalf of the defendants-appellants under Sections 5 and 14 of the Limitation Act. In order to understand the plea taken in this application it is necessary to set forth certain facts. As already stated, the decree of the trial Court was passed on 2-5-1951. The defendants-appellants applied for the necess

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