Per Syed Wasi-ud-Din J.

In this appeal an application under section 5 of the Limitation Act has been filed on behalf of the appellant, the State of Jammu and Kashmir, for the condonation of the delay in filing the appeal. The relevant facts briefly stated are as follows :-

2. There was a civil original suit numbered as Suit No. 11 of 1957 filed by the present respondent No. 1. The suit was against the Union of India and the State of Jammu and Kashmir. A decree for a sum of Rs. 1,41,213.25 was passed on August, 3, 1971 against the State of Jammu and Kashmir only by the Hon™ble Chief Justice sitting singly. The present appeal against that decree was filed on March, 1, 1972. This position is not disputed that the limitation for filling the appeal expired on November, 3, 1971, and hence there was a delay in filing the appeal. An application under section 5 of the Limitation Act for condonation has been filed. A notice was issued to the other side on the point of limitation and a rejoinder has been also filed by the respondent.

3. The case of the appellant is that after the decree was passed on August 3, 1971 Shri A.N. Raina who was then the Advocate General of the State Informed the pet

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