IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.592 of 2008 ISHWAR DAYAL DUBEY Versus KAMLA DEVI & ORS ----------- 3 22.12.2008 I.A. No.7521 of 2008 is a petition under Section 5 of the Limitation Act filed by the appellant, wherein the prayer has been made for condoning the delay of 45 days in filing of this appeal on the ground that the delay occurred due to the old age and illness of the appellant. The age of the appellant is said to be 68 years. The appellant simply said that due to illness and old age he could not file this appeal within statutory period of 90 days excluding the time spent in obtaining certified copies. The delay is stated to be for old age and illness but any specific cause of disablement or ailment is not stated nor any medical certificate is attached. In view of the circumstances the delay is not reasonably explained, in such view of the matters, I do not feel inclined to accept the prayer for condonation of delay. Hence, the prayer for condoning the delay of limitation is dismissed. As consequences of the dismissal of the 2 limitation petition, the appeal will also stand dismissed as time barred. Mkr. (C.M. Prasad, J.)