Short Note : The only question involved in this second appeal is whether the first appeal filed by the defendant in the District Court was rightly dismissed as time barred, there being no sufficient cause made out for condonation of the delay in filing that appeal, under section 5 of the Limitation Act. Held : The testimony of the defendant as well as the doctor cannot be believed. The doctor has clearly admitted that he had no record from which he could know the period during which a patient had been under his treatment. He also added that the certificate Ex.A-1 given by him to the defendant was issued only on the basis of information given to him on 8-7-1970 by the person who came to take that certificate. He is also not sure whether it was the defendant or some one else who came to take that certificate. In short, except for making a bald statement that the defendant was under his treatment for typhoid from 10-6-1970 to 8-7-1970 he has not given out any relevant fact on the basis of which his testimony could be relied on. When he was confronted with the admitted position that on 8-7-1970 the appellant had travelled from his village Atri to Balaghat, a distance of about 27 miles, for filing the appeal in the Court below, he could not reconcile that fact with his statement that the defendant was under his treatment for typhoid even on 8-7-1970. Moreover, he has stated that he had given written prescriptions of the treatment to the defendant each time that he went to see him in his house. It is significant that no such prescriptions are forthcoming. These are some of the glaring facts which render the testimony of the defendant as well as the doctor to be unreliable. The learned District Judge has dealt with the entire evidence at length and given cogent reasons for coming to the conclusion that the ground set up for supporting the application for condonation of delay has not been proved and was apparently a mere device to cover up the laches of the defendant in not filing the first appeal within time. There is no ground even on merits to interfere with that conclusion. Appeal dismissed.