This appeal arises out of a judgment and decree of the District Judge, A. V. D., dismissing an appeal on the ground that it was barred by limitation. The question whether or not the appeal was filed within the period of limitation was decided by us recently in the case of Katimal Brahma v. Mohannath Nahata, S. A. NO. 2245 Of 1946 : (A. I. R. (36) 1949 Assam 23). It is now conceded by Mr. Ghose for the appellants that he cannot now argue that the appeal was in fact presented within the period of limitation. Mr. Ghose has confined his arguments, therefore, to a consideration of the refusal of the learned District Judge to extend the period of limitation on an application under S. 5, Limitation Act. The application for extension of time was made to the learned Judge on the ground that the appellants were misled by the instructions given to them by their pleader, namely, that the learned pleader had informed them that the appeal would be within time if presented on the date on which it was presented. The learned District Judge has considered this argument carefully and has come to the conclusion that if such advice was given by the learned pleader it could not be regarded as a bona fide mistake on the learned pleader's part such as would justify an extension of the period of limitation under s. 5, Limitation Act. We are unable to hold that we have any right to interfere with this finding of the learned District Judge, or that any sufficient ground for extension of time to present the memorandum of appeal was actually made out, [2] In the result, therefore, this appeal must be dismissed with costs. Appeal dismissed.