Limitation Act, 1963–Sec. 5–Code of Civil Procedure, 1908–Sec. 96–Delay of 57 days in filing the first appeal–No mala fides have been attributed on the part of appellant–It may not be assumed that the delay is deliberate and suffer from mala fides–It is difficult to believe that the appellant has gained any benefit by not filing the first appeal in time–It would be just and proper to condone the delay.
