1. ' GHULAM MUJADDID, J.---We have heard learned counsel for the petitioner who laid great stress on the fact that the petitioner had submitted an application for condonation of delay before the Tribunal which was not considered because there is no mention of that in the impugned judgment.
2. ' We sent for the Advocate-General to make sure as to what was the stance of the respondent. He submitted that the application under section 5 of the Limitation Act ought to have been considered.
3. We, therefore, convert this petition into appeal, allow the same and direct that the Tribunal shall dispose of the application under section 5 for condonation of delay in accordance with law.