1. Lala Nanak Chand and others, (hereinafter called the plaintiffs), filed a suit for ejectment and recovery of arrears of rent against Smt. Shiv Kaur and others, (hereinafter called the defendants), in the court of Sub Judge, Chief Judicial Magistrate, Srinagar. By his judgment dated 24-12-1973, the learned Sub Judge decreed the suit. The defendants filed an appeal to the District Judge, which was transferred for disposal to the Additional District Judge, Srinagar. The appeal was filed beyond time. Alongwith the appeal the defendants filed an application for condonation of delay on the ground that they were kept in dark by their lawyer about the result of the suit. At the hearing of the application counsel for fthe defendant sought opportunity to produce evidence in support of the allegations made in the application. The learned Additional District Judge declined the request observing:

"In this appeal which admittedly has been filed beyond the period of limitation an application u/s 5 of the Limitation Act for condonation of delay has been presented alongwith the appeal. The learned counsel for the appellant has today pressed that I should record his evidence in support of his appl

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