MC 1005/2007 BEFORE THE HON’BLE MR JUSTICE A.C. UPADHYAY Heard Mr. R. Sarma, learned counsel appearing for the applicant-appellant. Ms. A. Ajitsaria, learned counsel has entered appearance on behalf of respondent No.1, Mr. DK Das, learned counsel has entered appearance on behalf of responden t No.2. Seen the Note of the Registry. It appears that Vokalatnama in respect of respond ent No.5 has been filed. Notice upon the respondent No.3 has been duly served and A/D card has also recei ved after due service of notice. Therefore, notice in respect of respondent No.3 is deemed to be effected. The case will proceed ex-parte against the responden t No.3. This is an application under Section 5 of the Limitation Act, 1963, seeking cond onation of delay of 121(one hundred and twenty one) days in preferring the accom panying appeal. Learned counsel for the applicant has submitted that due to physical disability of the applicant-appellant, the connected appeal could not be filed in time. Learned counsel for the respondents have not raised any objection to the prayer for condonation of delay. Considering the facts and circumstances, accepting the reasons given in the appl ication for condonation of delay, the delay in filing the accompanying appeal is hereby condoned. Misc. application stands disposed of.