Heard Mr. K.K.Bhatta, learned counsel, appearing for the applicant. None appeared for the respondent despites service of notice and showing the name of the counsel appearing for the respondent in the cause list.

            This is an application for condoning the delay of 40 days in preferring the accompanying appeal. The grounds for delay has been shown at para 5 of the application. We have found that sufficient causes have been shown for not filing the appeal in time. Thus, considering the statements made on oath, particularly statements made at para 5 of the application, also for the ends of justice, delay of 40 days in preferring the accompanying appeal is condoned.

            Misc Case is allowed and disposed of accordingly.