The appellant filed an application under section 5 of the Act and prayed that one day’s delay committed by it in filing the appeal should be condoned because Ramlal, one of the partners of the appellant’s firm, who was in charge of the litigation, fell ill on the last date for filing the appeal. This application was supported by an affidavit and a medical certificate. The Judicial Commissioner appears to have accepted the appellant’s case that Ramlal was ill and that if only one day’s delay had to be explained satisfactorily by the appellant, his illness would constitute sufficient explanation; but it was contended by the respondent that the appellant had not shown that his partner was diligent during the major portion of the period of limitation allowed for appeal, and since they put off the filing of the appeal till the last date of the period of limitation, the illness of Ramlal Cannot be said to be sufficient cause for condoning the delay though it was only one day’s delay.