Limitation Act, 1963–Sec. 5–Code of Civil Procedure, 1908–Sec. 96–Dismissal of the appeal as barred by limitation–Appellant went out of Rajasthan for earning his livelihood–His brother who was a labourer in stone cutting mines, suffered from silicosis and died after a prolonged disease–Neither he could contract his counsel nor the counsel informed him–Delay deserves to be condoned–Impugned order passed in the first appeal quashed and set aside and matter remanded back for deciding the appeal on merits subject to the cost of Rs. 3000/-.
