V.K.Jhanji, J.

1. This revision petition has been directed against the order of appellate authority dismissing the appeal of the landlord being barred by limitation.

2. The petitioner filed an ejectment petition against the tenant-respondent taking various grounds including that of non-payment of rent. The Rent Controller on the basis of evidence on record, dismissed the said ejectment petition. Appeal against this order could be filed on or before 10th of July, 1987, but since the Courts were closed for summer vacation, the same was to be filed on the opening of the Courts, i.e. on 15th July 1987. However, the appeal was not filed on that date, but on 30.7.1987. Alongwith the appeal, an application for condonation of delay was also made. In the application it was mentioned that the case was being prosecuted on behalf of the petitioner by the Attorney, Shri Ajit Singh, who suffered a heart attack on the intervening night on 3rd/4th July, 1987. Ajit Singh appeared as AW-1 and corroborated the allegations made in the application by producing prescription slips Exs. A1 to A3. On the other hand, the respondent appeared and controverted the allegations made by the Attorney of th