This second appeal has been filed by the appellant/plaintiff assailing the impugned order dated 20.09.2022 passed on application under Section 5 of Limitation Act, whereby the application for condonation of delay in filing the first appeal has been dismissed.

2. Appellant had filed a suit for eviction on the ground of Section 12(1)(a) and 12(1)(f) of MP Accommodation Control Act, 1961 (for short hereinafter referred to as "Act"). The suit was dismissed by the trial Court vide judgment and decree dated 29.04.2017 passed in RCS No. 213A/2014. This judgment and decree passed by the trial Court was challenged before the First Appellate Court in RCA No. 138/2017, an application dated 27.06.2017 under Section 5 of Limitation Act for condoning the delay in the filing the first appeal, the same was dismissed vide impugned order dated 20.09.2022 on the ground that no explanation has been given for delay upto 26.06.2017 after discharged from the hospital on 24.06.2017. 3 . This order of dismissal passed by the First Appellate Court was challenged in the second appeal which has been admitted for final hearing on 08.08.2023 on the following substantial question of law:- "Whether, lea