JUDGMENT 1. - Notice of second stay petition was issued to the respondents, upon which learned counsel Shri Chitlangi has put in appearance on behalf of the respondents. 2. Though the appeal has been filed with delay of 264 days, but the appellant submitted an application u/s. of the Limitation Act for condonation of delay. 3. Learned counsel for the appellant submitted that appellant is not in position to pay the decretal amount and though the appellant has good case on merit provided any leave to appeal is granted to the appellant, but looking to his own position the appellant does not want to contest the claim of the plaintiff and seeks the only relief so that he may pay the decretal amount, that too with interest provided the appellant is accommodated by permitting him to pay the decretal amount in installments. 4. Learned counsel for the respondent submitted that there is no sufficient explanation for filing the appeal after such an inordinate delay. is Therefore, the application filed under section 5 of the Limitation Act deserves to be dismissed. It is also submitted that the appellant could have made some payment towards the decretal amount and by this time he would have absolved him from the liability under the decree. 5. I considered the submissions of the learned counsel for the parties. The fact is that the appellant has shown his bona fide by unconditionally offering the entire decretal amount with interest and seeks only accommodation from the Court in the matter of payment of the decretal amount. I do not think that in such facts and circumstances if the appellant has submitted the appeal after delay and during this period the respondent-plaintiff could not recover the decretal amount can be a ground for denying him from opportunity of maintaining the appeal. 6. The reasons given by the appellant for not filing the appeal in time are sufficient reasons to prevent him from filing the appeal in tire. Therefore, the application under section 5 of the Limitation Act is allowed and the delay in filing the appeal is condoned. Office is directed to register this appeal and list today, i.e. on 23.9.2004 in Court. *******