Cr. Revision No.59 of 2011 10.8.2011 Present:- Mr. Ajay Kumar, counsel for the petitioners. Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. for respondent No.2. The order dated 22.2.2011 in Cr.M.Petition No. 162/2010 passed by the learned Sessions Judge, Kullu under Section 5 of the Limitation Act read with Sections 470, 473 Cr.P.C. has been assailed in the revision petition. The learned counsel for the petitioners has submitted that the Court below has no power to invoke Section 5 of the Limitation Act and condone the delay in appeal in view of Section 378(5) Cr.P.C. He has submitted that sufficient cause has not been shown by respondent No.1 for condonation of delay. The vested right accrued to petitioners when respondent No.1 had not filed an appeal against order dated 31.3.2010 within time. 2. The Court under Section 378 (5) Cr.P.C. has power to condone delay under the Limitation Act in view of Mangu Ram vs. Municipal Corporation of Delhi AIR 1976 SC 105 where the Supreme Court has held that in appeal filed under Section 378 Cr.P.C., the Court has power to condone delay and Section 5 of the Limitation Act will apply to the appeal filed under Section 378 Cr.P.C. The sufficient cause for condonation of delay has been considered by the first appellate Court and I am satisfied with the reasoning given by the lower appellate Court regarding sufficient cause for condonation of delay in filing appeal. In so far plea of vested right accrued in favour of respondent No.1 is concerned in time barred appeal, the judgment of trial Court creates a right in favour of opposite party but - 2 - still appellant in such appeal has a right to approach the appellate court and delay can be condoned on showing sufficient cause. In the present case, respondent No.1 has shown sufficient cause for condonation of delay in filing the appeal in the lower appellate Court. There is no merit in the revision, accordingly the same is dismissed. Cr.M.P.No. 223 of 2011 Infructuous in view of disposal of the main petition. August 10, 2011 ( Kuldip Singh ) (GR) Judge