Choor Singh J

This Originating Summons was heard before the Honourable the Chief Justice on July 18, 1980 when it was dismissed with costs. The last day for filing the notice of appeal was August 18, 1980. No notice of appeal was filed by that date.

On August 29, 1980 an application was made before me for an extension of the time prescribed for the filing of the notice of appeal. The reason for the failure to file the notice of appeal in time is stated in the affidavit of the appellant's solicitor filed in support of the application, as follows:—

"…The Notice of Appeal was prepared on the 18th day of July 1980. However the cause paper file pertaining to this matter was misplaced in my office library which was then undergoing renovations. Hence the said Notice of Appeal was not flied in court. It was only on the 20th day of August 1980 in the afternoon after an exhaustive search that I discovered the file.

Upon an inspection of the file, I noticed that the Notice of Appeal was not filed in court. I immediately instructed my clerk to file the same, but the same was rejected by the Registry of this Honourable Court as the last day for filing the Notice of Appeal expired on 18th August