JUDGMENT

This is an application for condonation of delay of 352 days in filing the appeal. The judgment under appeal was delivered on 28.7.2006 and the copy thereof was applied for only on 10.8.2006. The stamp papers were called for on 1.9.2006, but were produced only on 11.9.2006. The date fixed to appear and receive the copy was 13.9.2006, but the copy was taken delivery of only on 18.9.2006 and this appeal is filed after more than one year and one month of taking delivery of copy of the judgment, viz., only on 31.10.2007.

2. In the affidavit filed by the second appellant in support of the application, it is stated that the appeal ought to have been filed on or before 26.10.2006, but could be filed only on 31.10.2007. The delay that is occasioned in applying for copy, in submitting stamp papers and RSA 196/08 2 in receiving copy of the judgment under appeal are all alleged to be the omission on the part of the Clerk of his Lawyer in the court below. As regards the delay in filing the appeal, the explanation is that on receipt of copy of the impugned judgment, the Lawyer's Clerk sent a letter to him, but, unfortunately, he received the same only in the last week of December 2006, vi