( 1 ) THIS is a revision against the order of the learned Additional District Judge, Allahabad dated the 2nd of June, 1962, rejecting the application of the applicant under Section 5 of the Indian limitation Act praying that the delay in the filing of the appeal be condoned.

( 2 ) THE facts briefly are these: Ram Chandra, father of the present applicant, since deceased, and respondents Nos. 4-9 brought a suit No. 390 of 1959 for Cancellation of a sale-deed executed by kesho Das deceased, then living, in favour of defendant-respondents Jhunni Lal, Deep Narain and Raj Narain on the 3rd of June, 1961. The suit was partly decreed and partly dismissed. That was the last working day before the Courts closed for summer vacation. The applicants father on that very day through his counsel Mr. A. P. Tiwari, applied for a copy of the judgment and decree of the trial Court. The Courts reopened on the 4th July, 1961. A day prior thereto, on the 3rd July, 1961. Ram Chandra was murdered. On the 4th August, 1961, the copy of the judgment and decree was ready. This had been applied for promptly before by the applicants father before his death. The clerk of Mr. A. P. Tiwari, howe