“23. It be noted that even after filing application by respondent no.1 for dismissal of the appeal on the point of law of limitation, the appellant has neither filed the application for delay condonation nor he feel it necessary to file the same. The provisions contemplated under Order 41 Rule 3A appears to be mandatory. In view of the provisions of Order 41 Rule 3A “when an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit stating forth the facts on which the appellant relies to satisfy the court that he had sufficient cause for not preferring the appeal within such period”. So also in view of the provisions contemplated under Chapter 22 paragraph 453 of Civil Manual “If an appeal is beyond time and an application is made under section 5 of the Limitation Act,1963, the memo of appeal should not be registered unless the application to condone the delay is granted”. In the present case, neither the appellant filed application to condone the delay nor such attempt was ever made by the appellant to claim such relief.”
