JUDGMENT Permod Kohli, J.:-This Regular Second Appeal arises out of judgment and decree dated 4.2.1985 passed by the District Judge, Sonepat rejecting the application of the appellant for condonation of delay and consequently the appeal was dismissed. 2. It is an admitted case of the parties that there was a delay of only three days in filing the appeal before the District Judge, Sonepat. The appellant explained the delay by stating that he attended the Court on a number of occasions, but the judgment was not pronounced and finally asked the Clerk of his counsel to obtain the copy of the judgment and inform him. According to the appellant, the Clerk did not inform him and it was only when the appellant later visited the Court in connection with another case that he came to know about the decision. The Appellate Court, however, did not accept this explanation and held that there was a gross negligence on the part of the plaintiff/appellant and his agent who was Pleader’s clerk. The Appellate Court also observed that Pleader’s Clerk is not a person who should have been asked to obtain the copy of the judgment. I am at pain to observe that such an approach of the Appellate Court amounts to subverting the justice. The appellant has been non-suited only on account of delay of three days in filing the appeal before the District Judge, Sonepat, and that too, when explanation was tendered which seems to be plausible. Therefore, the judgment impugned is not justified in any circumstances. 3. Consequently, this Regular Second Appeal is allowed. The impugned judgment dated 4.2.1985 passed by the District Judge, Sonepat is set aside. The application under Section 5 of the Limitation Act filed before the District Judge, Sonepat is allowed and delay in filing the appeal before the District Judge, Sonepat is condoned. The case is accordingly remanded back to the Court of District Judge, Sonepat for deciding the appeal on merits. Parties through their counsel are directed to appear before the District Judge, Sonepat on 9.8.2007. Records of the courts below be also remitted back forthwith. —————————————