Rajesh Tandon, J.

1. This appeal has been filed by the claimants against the order dated 22.12.1981 passed by Motor Accidents Claims Tribunal, Pithoragarh, rejecting the application under Section 5 of Limitation Act.

2. Briefly stated the facts giving rise to this appeal are that a claim petition had been filed by the appellants before M.A.C.T., Pithoragarh, in the year 1980. Date was fixed for filing written statement on 21.12.1980 which was Sunday. The case was taken up on 22.12.1980 and it was dismissed in default on that date. The present restoration application had been filed by the claimant on 28.1.1981 stating therein that from 19.12.1980 to 21.1.1981 the counsel for the claimant was out of station. Further, it was stated in the application that from 23.1.1981 to 27.1.1981 the counsel for the applicant was unwell and application for restoration was filed on 28.1.1981. The counsel for the applicant has stated that for the aforesaid reasons the claimants could not present the application within time and as such five days delay in filing of the application may be condoned. The application was opposed by the respondents.

3. I have heard Mr. C.K. Sharma for the appellant and