( 1 ) THIS case comes before me on a difference between Newaskar. J. and Tare, J. on the question whether, in the circumstances of this case, there is sufficient cause within the meaning of Section 5 of the Limitation Act for extension of the time prescribed for filing this appeal.

( 2 ) THE value of the suit, out of which this appeal arises, is admittedly over Rs. 5,000. It was decided by the Civil Judge, Class I, Khargone, on 24 February 1958 and a decree in pursuance thereof was passed on 26th February 1968. The defendants, who had obtained certified copies of the judgment and decree on 27th february 1958, filed this appeal in the Court of the District Judge, Mandleshwar on 24th March 1958. Thereafter, on 80th June 1958, the defendants applied to that court for return of the memorandum of appeal for presentation to the proper court and, having thus obtained it on 8th July 1958, they presented it in this Court on 9 July 1958.

( 3 ) ALL that is said about the existence of sufficient cause is that a senior counsel, kb. Hifazat Ali, advised the defendants to present their appeal in the Court of the district Judge, Mandleshwar. and they did so. On his part, the counsel has