CMPMO No.674 of 2008. 15.12.2008 Present: Mr.Lalit Kumar Sharma, Advocate, for the petitioner. Ms.Ruma Kaushik, Additional Advocate General, for respondent No.1. This petition has been filed against the order passed by the learned District Judge, Kinnaur on an application under Section 5 of the Limitation Act for condoning delay in instituting the appeal challenging the order passed by the learned trial Court in an application under Order 39 Rule 1 and 2 preferred by the petitioner herein. The detailed facts need not be noticed as I find from the order that the learned Court below has exercised its jurisdiction in accordance with law in condoning the delay in filing the appeal. All that need be said is that this discretion cannot be said to have been exercised on principles which are not applicable for invoking the powers under Section 5 of the Limitation Act. Learned counsel submits that in view of the subsequent intervening events, his case before the trial Court would be prejudiced in case the appeal is entertained. I am not noticing these facts/events in detail as it will be open to the petitioner herein to urge those grounds before the learned appellate Court and to show that the appeal is either not maintainable or that the relief asked for in the appeal has become infructuous. This petition is disposed of. There shall be no order as to costs. December 15, 2008 (Dev Darshan Sud) (aks) Judge.