( 1. ) DEFENDANT-APPELLANT has preferred this appeal against the judgment and decree passed by Shri S. P. Shrivastava, IInd Additional District judge, Gwalior; dated 8-2-1971, in Civil Appeal No. 28-A of 1970.

( 2. ) THE plaintiff respondent filed a suit for ejectment of the appellant, arrears of rent and mesne profits, in the Court of Fourth Civil Judge, II. Class, gwalior. By his judgment and decree dated 6-2-1970, the trial Court decreed the suit against the appellant. The appellant preferred an appeal in the District Court on 19-6-1970, and along with the memo of appeal, the appellant also submitted an application under section 5 of the Limitation Act, for condonation of the delay occasioned in filing the appeal. In that application, the prayer was made for the condonation of delay from 8-4-1970 to 15-4-1970 and also from 16-4-1970 to17-6-1970. The first appellate Court by the impugned order rejected the application filed under section 5 of the Limitation Act and held the appeal to be barred by limitation. Aggrieved by the said order, the appellant has preferred the present appeal

( 3. ) ACCORDING to the appellant-defendant, he paid Rs. 10. 25p. to one kailash, clerk to