1. ORDER Ghulam Gillani appellant has preferred this appeal against the order, dated 26th July 1973 whereby his application for re-instatement and consequential benefits was dismissed. Arguments heard. Learned counsel for the respondent has contended that the appeal is time-barred. The impugned order was passed on 26th July 1973 and the appeal was filed on 6th October 1973. Along with the appeal an application under section 5 of the Limitation Act has been filed wherein it is stated that "delay in filing the appeal was caused due to the fact that the copy of the order under appeal could not be delivered as the learned Presiding Officer of the lower Court was on emergency flood duty as is evident from the attached certificate issued by the learned Magistrate."
2. This certificate is to the effect that the copy was handed over to the petitioner's counsel on 20th September, 1973. If the period between 26th July, 1973, the day on which the impugned order was passed, and 20th September, 1973,1 when the copy was delivered, be excluded, even then the appeal is time-U barred. The 15th day expired on 5th October, 1973 and the appeal was filed| on 6th October, 1973, The appeal being barred by time is dismissed. Appeal dismissed,